Version 1.0 - 01/02/2020
These Terms govern your relationship with PodOut a web platform by Haas & Reed B.V., registered under number 68817940, whose registered office is at Jansdam 2A, 3512 HB Utrecht, The Netherlands (we, our, us, PodOut) when you use the Platform. Please refer carefully to the relevant sections of these Terms before you start to use the Platform.
By using the Platform, you (including, where applicable, the organisation you represent) will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us and/or may form a binding agreement between users uploading and creating content (hereafter Content Creators) and us.
Specific PodOut rules. These Terms, including our Privacy & Cookies Policy as set below, including, but without limitation, ‘Rules’, ‘Forbidden Words’, the Digital Millenium Copyright Act (DMCA) and ‘Record Keeping Requirements’.
Other Applicable Terms. Our Privacy & Cookies Policy, which sets out: (a) the terms on which we process any personal data we collect from you, or that you provide to us; and (b) information about the use of cookies on the Platform, will also apply to your use of the Platform.
By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.
Changes to These Terms. We may revise these Terms (including by way of Additional Terms or policies) at any time by written notice to you (including via email). If you continue to use the Platform following receipt of such notice, you will be deemed to have accepted our revision of these Terms.
IF YOU DON’T AGREE WITH THESE TERMS AND CONDITIONS OR IF YOU DON’T AGREE WITH ANY REVISED TERMS AND CONDITIONS, DO NOT USE THE PLATFORM.
In these Terms and Conditions, unless the context clearly indicates otherwise, the following terms have the following meanings:
1.1 Content means original generated content uploaded and posted by Content Creators which Members and/or Premium Members may Purchase from the Content Creators for private use as specified in the licensing agreement by the Content Creators.
1.2 Member(s) as well as all second-person pronouns (such as ‘you’, ‘your’, ‘yours’) means the registered individuals using the Platform for their personal needs, also called "PodOut Member(s)", at the exclusion of Content Creators, and are allowed to navigate through The Platform, to buy and post Content and to interact with other Content Creators and PodOut Members.
1.3 Member-account means the personal pages on which you are able to view your registration, the content created and uploaded by you, your purchase history, and all the information you shared with the Platform.
1.4 Platform means a hosting service operated and management by PodOut owned by Haas & Reed B.V. (registration number 68817940) and its affiliates or assigns operates and manages the Website platform accessible at https://podout.com/, including all its subdomains, where independent Content Creators can upload, publish, share and sell their digital content, photos, videos, articles and collections of curated content to Users, Members and Premium Members and where Content Creators and Users, Members and Premium Members can interact on the basis only of its terms and conditions as set out below.
1.5 Terms means the present terms and conditions.
1.6 Third Party Sites means social media or social networking sites or apps.
1.7 Basic Account Content Creators means the users uploading and posting digital content in the form of digital files, web bookmarks and original written blog posts for their personal use or to post for sale as a monetisation system for their original content and content curation efforts.
1.8 User(s) as well as all second-person pronouns (such as ‘you’, ‘your’, ‘yours’), means the non registered individuals using the Platform for their personal needs, at the exclusion of Content Creators.
1.9 Premium Members means Users or Content Creators who have subscribed to the Premium Account to receive additional features not available in the Basic Account.
2.1 As a User only you are free to navigate through the Platform without any registration. In order to use the Platform in any other way you have to register as a Member or Premium Member in accordance with these Terms and open a Member-account.
2.2 In order to register as a Member and/or Premium Member and to use the Platform you must be at least 18 years of age. By registering you represent and warrant that this is the case. Without prejudice to the foregoing, if reasonably requested by us or if required by Content Creators in relation to use of a particular aspect of the Platform, you agree to promptly provide us and/or the relevant Content Creators with a certified copy of government issued ID verifying your identity including but not limited to your age and photo.
2.3 You agree that you will provide truthful and accurate information when registering to use your Member-account and the Platform. The decision to accept a registration is in our discretion and we may revoke a registration at any time.
2.4 You may not register to open a Member-account and to use the Platform if you are already registered or if you were previously a registered user and we cancelled your account as a result of you being in breach of these Terms.
2.5 You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or Member-account and for any access to or use of the Platform by you or any person or entity using your password, whether or not such access or use has been authorized by you.
2.6 You must immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
2.7 You are responsible for ensuring that the information we hold about you is up to date. Please amend your details via the Member-account as appropriate from time to time or contact us if you require assistance.
2.8 Please refer to our Privacy & Cookies Policy for further explanation as to how we use the personal information we collect from you.
As a Basic Member and / or Premium Member:
3.1 You give to the Platform permission to store the Content you bought from other Content Creators via the Platform and to store, copy, manage and publish the Content you bought in the Member-account.
3.2 You recognize that the role of the Platform is only to provide a technical solution, and that any purchase via the Platform takes place between you and the Content Creators, and that the Platform is not a party in said transaction.
3.3 The Platform permits you to link your Member-account to Third Party Sites. If you choose to do so, you agree and acknowledge bearing all risks that could result from such linking. By linking your Member-account or by posting content to Third Party Sites, you hereby recognize that The Platform has no control whatsoever on such Third Party Sites, and that it is your sole responsibility to ensure that you understand, agree and comply with the terms and conditions of the Third Party Sites you post to from your Member-account.
4.1 In no circumstance will you be allowed to use your Member-account to:
(i) upload, publish, send by email, transmit or otherwise make available on your Member-account online Content that is not created by you, or for which you don't have an explicit authorisation by the copyright ownere or where a reference to the original source (in case of web bookmarks) is not provided;
(ii) solicit from any Content Creator or any other Member or Premium Member any personal or private information including, but not limited to, real names, addresses, e-mail addresses, social media accounts, accounts, billing or payment information, and usernames or passwords, nor use any Uploader or any other Member or any other Premium Member in any way for unfair personal gain or benefit;
(iii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iv) upload, post, transmit or otherwise make available any material 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;
(v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platform.
(vi) Upload, publish, transmit or otherwise make available online Content that involves any type of adult content, nudity and/or pornography.
4.2 Under no circumstances will the Platform be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Platform.
4.3 You agree to defend, indemnify, exempt and hold the Platform harmless from any claim, demand, complaint, damage or costs including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Platform, your connection to the Platform, your breach of the Terms and Conditions, or your violation of any rights of another.
5.1 Payment for all Fees payable to Content Creators must be through the Platform and are processed through our internet payment service providers. By purchasing any content through the Platform, you hereby consent and agree to abide by the terms and conditions of our internet payment service providers, and privacy policies, and understand that the Platform has no control whatsoever on such terms and conditions, and privacy policies. If you cannot agree to the terms and conditions, or privacy policies, of our internet payment service providers, do not purchase any content.
5.2 Purchases are payable in advance. The Platform and Content Creators reserve the right to change minimum and maximum prices, as well as Content prices at any time, at their sole discretion and without liability to you.
5.3 The purchased digital Content is only available on your Member account once your payment is confirmed. As for Content that is not digital, such as memberships and tangible goods, the Content Creator is solely responsible for the fulfillment and delivery of such Content, at the total exclusion of the Platform: the Platform does not ship, handle or take custody of non-digital Content at any point.
5.4 All purchases made through the Platform are final and non-refundable, except in the following case:
(i) Digital Content is broken or corrupted; in which case the Platform will contact the concerned Uploader on your behalf for a replacement of the Content. If an Uploader fails to comply with the Platform’s request and does not replace the Content, a credit of equal value will be applied to you within 30 days;
(ii) You recognize that it is your responsibility to ensure that all required information necessary to any purchase (including shipment address) is complete and accurate to avoid any delays in the purchasing and payment processing, and to inform us of any issues which may arise with purchases or payments.
5.5 The prices mentioned on the Platform do not include applicable taxes, and such taxes may be
added by our internet payment service providers when completing purchase processing.
5.6 All amounts referred herein and all monetary transactions on the Platform are in US dollars (USD).
5.7 PodOut commission per each sale is 20% of the sale price. If your sale price is $10, you receive $8 per each sale.
6.1 As Member and/or Premium-Member you may at any time terminate your Registration at the Platform and at your sole discretion.
6.2 The Platform reserves the right to, at its discretion, suspend or terminate your right to use the Platform in general, if it has reason to believe that you violate or breach any rules of the Terms
6.3 As of the moment of termination your Member-account including its Content will be permanently deleted.
7.1 The Platform will make every reasonable effort to keep the Platform operational.
7.2 However, certain technical difficulties, maintenance or upgrade operations and other factors may, from time to time, result in temporary service interruptions. You agree not to hold the Platform liable for any of the consequences of such interruptions.
8.1 You expressly acknowledge and agree that, to the fullest extent permitted by applicable law, the
Platform shall not be liable:
(i) for any direct or indirect damages resulting from loss of data or use; or
(ii) for any special, indirect, incidental, punitive, exemplary, or consequential damages.
Article 9 - Force majeure
9.1 The Platform’s responsibility will under no circumstance be claimed in case of force majeure.
9.2 By express convention, will be considered as cases of force majeure, in addition to those usually retained by the jurisprudence, personnel strikes, the blocking of or disturbance to communication or telecommunication means for any reason including telephone network operators' unavailability, disruption in or destruction of one of the Platform's providers' datacenters, the bankruptcy of one of the Platform's providers, partners or subcontractors.
10.1 You commit to respect, and make those you are responsible for respect, for the whole duration of your Registration, and after its termination, the strict confidentiality of information you mighthave been made aware of and which is not yet public.
10.2 You also recognize a confidential quality to any information, whatever its object, provided by the Platform in written or orally, and related to the Terms, including but not limited to, any document written or printed, or computer file.
10.3 Your obligation of confidentiality remains in full force and effect after the end of your Registration, for as long as the documents and information communicated during the contractual relationship may present a strategic, competitive, commercial or financial interest for third parties.
11.1 If an individual provision of these Terms is nullified by a regulation or legislative change, or by a decision of justice, the rest of the provisions in these present Terms remain unaffected.
12.1 Failure by the Platform to enforce any right or obligation with respect to any provision of these Terms shall not constitute in the future a waiver as to the obligation in question.
13.1 The disputes arising out of the application of these present Terms shall be settled under the law and jurisdiction of The Netherlands.
These Terms govern your relationship with PodOut a web platform by Haas & Reed B.V., registered under number 68817940, whose registered office is at Jansdam 2A, 3512 HB Utrecht, The Netherlands (we, our, us, PodOut) when you use the Platform. Please refer carefully to the relevant sections of these Terms before you start to use the Platform.
By using the Platform, you (including, where applicable, the organisation you represent) will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us and/or may form a binding agreement between Content Creators and us.
Specific PodOut rules. These Terms, including our Privacy & Cookies Policy as set below, including, but without limitation, ‘Rules’, ‘Forbidden Words’, the Digital Millenium Copyright Act (DMCA) and ‘Record Keeping Requirements’.
Other Applicable Terms. Our Privacy & Cookies Policy, which sets out: (a) the terms on which we process any personal data we collect from you, or that you provide to us; and (b) information about the use of cookies on the Platform, will also apply to your use of the Platform.
By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.
Changes to These Terms. We may revise these Terms (including by way of Additional Terms or policies) at any time by written notice to you (including via email). If you continue to use the Platform following receipt of such notice, you will be deemed to have accepted our revision of these Terms.
IF YOU DON’T AGREE WITH THESE TERMS AND CONDITIONS OR IF YOU DON’T AGREE WITH ANY REVISED TERMS AND CONDITIONS, DO NOT USE THE PLATFORM.
In these Terms and Conditions, unless the context clearly indicates otherwise, the following terms have the following meanings:
1.1 PodOut-page means your personal page in which your personal Content is uploaded.
1.2 Content means original Uploader-generated content onto the Platform for private use or posted for sale by Members (Basic Account and Premium Account) and Users, such as pictures, videos and other materials, including but not limited to, text, images, graphics, data, audio, messages, comments, memberships provided, sold, offered or posted by Content Creators.
1.3 Member(s) means the registered individuals using the Platform for their personal needs, also called "PodOut Member(s)", at the exclusion of Content Creators, and are allowed to navigate through The Platform, are allowed to buy and to interact with other Content Creators;
1.4 PayOut Page means your personal account on which the Platform stores the received payments from buyers. The platform will deposit and will pay out the receivables under the conditions as set out in these Terms.
1.5 Platform means a hosting service operated and managed by PodOut owned by Haas & Reed B.V. (registration number 68817940) and its affiliates including all its subdomains, where independent content Content Creators can upload, publish, share and sell their original content, photos, videos, collections of curated content, blog posts to users, and where Content Creators and Users, Members and Premium Members can interact on the basis only of its terms and conditions as set out below.
1.6 Terms means the present terms and conditions.
1.7 Third Party Sites means social media or social networking sites or apps.
1.8 Basic Account Content Creators means the users uploading and posting digital content in the form of digital files, web bookmarks and original written blog posts for their personal use or to post for sale as a monetisation system for their original content and content curation efforts.
1.9 User(s) as well as all second-person pronouns (such as ‘you’, ‘your’, ‘yours’), means the non registered individuals using the Platform for their personal needs, at the exclusion of Content Creators.
1.10 Premium Members means Users or Content Creators who have subscribed to the Premium Account to receive additional features not available in the Basic Account.
2.1 In order to register to use the Platform you must be at least 18 years of age. By registering to use the Platform, you represent and warrant that this is the case. Without prejudice to the foregoing, if reasonably requested by us or if required by Members or Premium Members in relation to use of a particular aspect of the Platform, you agree to promptly provide us and/or the relevant Members or Premium Members with a certified copy of government issued ID verifying your identity including but not limited to your age and photo.
2.2 You agree that you will provide truthful and accurate information when registering to use the Platform. The decision to accept a registration is in our discretion and we may revoke a registration at any time.
2.3 You may not register to use the Platform if you are already registered or if you were previously a registered user and we cancelled your account as a result of you being in breach of these Terms.
2.4 You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Platform by you or any person or entity using your password, whether or not such access or use has been authorized by you.
2.5 You must immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
2.6 You are responsible for ensuring that the information we hold about you is up to date. Please amend your details via the Platform as appropriate from time to time or contact us if you require assistance.
2.7 Please refer to our Privacy & Cookies Policy for further explanation as to how we use the personal information we collect from you.
As a Content Creator:
3.1 You give to the Platform permission to store, copy, manage and publish your Content in the PodOut-page. You declare and guarantee in this respect that you own all rights in and about any content published by you, or imported, copied and published by the Platform on your behalf, including any design, image, photograph, animation, video, audio file, font, illustration, composition, art work, interface, text, literary work and any other material, or in another way have (and will keep having) full powers, titles, licenses, consents and authorizations on the Content, as required for the legal access, import, copy, use, publication, license transfer or attribution on that Content, by yourself, ourselves or any subsidiary of ours.
3.2 You declare and guarantee that the Content is (and will keep being) true, current, accurate, not infringing any third party right, and in no way illegal for you to publish online, import, copy, store, transmit, display, or otherwise use, in the country where you reside.
3.3 You commit to upload and post content (images, videos, illustrations) that doesn't involve nudity, pornography or concealed pornography.
3.4 You declare and guarantee that you have obtained all consents and authorizations required by any applicable legislation regarding the display, transmission and publication of any personal information and/or any information implying the right to image or a resemblance to any other person, entity or good part of the Content, and you commit to respect the related regulations.
3.5 You recognize that the role of the Platform is only to provide a technical solution, and that any sale or license via the Platform takes place between you and the User and/or Members, and that the Platform is not a party in said transaction. Notwithstanding anything to the contrary, you recognize that the Platform is not acting as a ‘producer’ as defined by the 18 USC § 2257 Record Keeping Requirements Compliance Statement (the "2257 Regulations").
3.6 In case the Platform has reason to believe that you are in violation of these Terms and choses to take an action to render inaccessible, or to remove your Content, or to suspend your PodOut-page, you recognize that you will not have any right to refund or payment on the motive of said action.
3.7 You recognize the Platform is committed to cooperate with any law-enforcement agency in case of a breach of article 4.
3.8 You recognize The Platform is committed to cooperate with any law-enforcement agency in case of an official investigation, and to comply with any applicable law relating to the mandatory reporting of illegal content. We encourage you to report any such unlawful activities to the authorities.
3.9 The Platform permits you to link your PodOut-page to Third Party Sites. If you choose to do so, you agree and acknowledge bearing all risks that could result from such linking. By linking your PodOut-page or by posting content to Third Party Sites, you hereby recognize that The Platform has no control whatsoever on such Third Party Sites, and that it is your sole responsibility to ensure that you understand, agree and comply with the terms and conditions of the Third Party Sites you post to from your PodOut-page.
4.1 In no circumstance will you be allowed to use the Platform and your PodOut-page to:
(i) Upload, publish, transmit or otherwise make available online Content that violates a patent, a trademark, an industrial secret, a copyright or any other intellectual property right of whatever party;
(ii) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(iii) harm minors in any way;
(iv) violate any law or otherwise engage in any unlawful activity;
(v) upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(vi) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(vii) upload, post, email, transmit or otherwise make available any material 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 ;
(viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platform.
(ix) Upload, publish, transmit or otherwise make available online Content that involves any type of adult content, nudity and/or pornography.
4.2 You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Content you upload and/or post.
4.3 You acknowledge that the Platform may or may not pre-screen the Content, but that the Platform and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content.
4.4 Under no circumstances will the Platform be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Platform.
4.5 You agree to defend, indemnify, exempt and hold the Platform harmless from any claim, demand, complaint, damage or costs including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Platform, your use of the Platform, your connection to the Platform, your breach of the Terms and Conditions, or your violation of any rights of another.
5.1 The Content Creator determines the minimum and maximum purchase prices for its Content. The Platform puts a commission on the maximum price, determined by the Content Creator.
5.2 The received payments for selling Content, will, after deducting the commission, be added to your PayOuts.
5.3 The Content Creator will be paid out at the end of every month, under the condition the balance on the PayOuts have reached a minimum of USD 100. PayOuts will be paid in USD or in Euros depending on your receiving accounts. In the case the PayOuts balance has not reached the minimum of USD 100 the balance will be passed on to the next month.
5.4 PodOut commission per each sale is 20% of the sale price. If your sale price is $10, you receive $8 per each sale.
6.1 The Uploader may at any time terminate his Registration at the Platform and at your sole discretion.
6.2 The Platform reserves the right to, at its discretion, suspend or terminate your right to use the Platform in general, if it has reason to believe that you violate or breach any rules of the Terms. No refund of fees or other amounts will be made if you violate or breach any rules of the Terms.
6.3 As of the moment of termination all the Content on the PodOut-page will be permanently deleted. If you delete your Registration or if you delete Content from your PodOut-page, such Content will no longer appear on the Platform.
7.1 The Platform will make every reasonable effort to keep the Platform operational.
7.2 However, certain technical difficulties, maintenance or upgrade operations and other factors may, from time to time, result in temporary service interruptions. You agree not to hold the Platform liable for any of the consequences of such interruptions.
8.1 You expressly acknowledge and agree that, to the fullest extent permitted by applicable law, the
Platform shall not be liable:
(i) for any direct or indirect damages resulting from loss of data or use; or
(ii) for any special, indirect, incidental, punitive, exemplary, or consequential damages; or
(iii) for any amounts in excess of the amounts paid or payable during the twelve (12) month period preceding the event giving rise to liability.
9.1 The Terms do not have as object nor effect the establishment of any hierarchical relationship between the Uploader and the Platform.
9.2 The Platform and the Uploader have, and will keep having for the whole duration of their contractual relationship, the quality of independent parties, each assuming the risk of their respective activities.
10.1 The Platform’s responsibility will under no circumstance be claimed in case of force majeure.
10.2 By express convention, will be considered as cases of force majeure, in addition to those usually retained by the jurisprudence, personnel strikes, the blocking of or disturbance to communication or telecommunication means for any reason including telephone network operators' unavailability, disruption in or destruction of one of the Platform's providers' datacenters, the bankruptcy of one of the Platform's providers, partners or subcontractors.
11.1 You commit to respect, and make those you are responsible for respect, for the whole duration of your Registration, and after its termination, the strict confidentiality of information you might have been made aware of and which is not yet public.
11.2 You also recognize a confidential quality to any information, whatever its object, provided by the Platform in written or orally, and related to the Terms, including but not limited to, any document written or printed, or computer file.
11.3 Your obligation of confidentiality remains in full force and effect after the end of your Registration, for as long as the documents and information communicated during the contractual relationship may present a strategic, competitive, commercial or financial interest for third parties.
12.1 If an individual provision of these Terms is nullified by a regulation or legislative change, or by a decision of justice, the rest of the provisions in these present Terms remain unaffected.
13.1 Failure by the Platform to enforce any right or obligation with respect to any provision of these Terms shall not constitute in the future a waiver as to the obligation in question.
14.1 The disputes arising out of the application of these present Terms shall be settled under the law and jurisdiction of The Netherlands.