Creators Terms of Use

Last Revised: March 25, 2019

Thanks for choosing Audioburst Creators! Audioburst creators’ Platform empowers podcasters to transcribe, edit, and share their audio content with the world! for free!

By using Audioburst Creators your content can reach more people, in more places, and even generate revenues.

The terms of use below are provided to outline the legal rights between you and Audioburst.

General

These terms of use and the Audioburst privacy policy https://audioburst.com/privacy.html (the "Terms") govern the relationship between SubPLY Inc. (d/b/a "AudioBurst", "we", "us" or "our"), you ("you" or "your"), and your use of the Audioburst Platform (the "Platform") provided to you through the Audioburst Creators Web Interface (the "Interface") by Audioburst, as further detailed below (collectively the "Service") is subject to the terms of a legal agreement between you and AudioBurst.

These Terms apply to any content providers asking to use the Services in order to process and promote their Content.

These Terms take effect when you check the box presented with these Terms or, when you access or use the Service, or any part thereof (the "Effective Date"). You may not use the Service if you do not accept the Terms. If you are using the Services on behalf of an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

Change

Audioburst may amend, update or modify these Terms and other terms and conditions, from time to time at its sole discretion by posting the changes on the Interface or by otherwise notifying you. If you do not agree to the modified Terms you must deactivate your account. Your continued use of the Service after the date the modified Terms are posted on the Interface will constitute your binding acceptance of the modified Terms.

Definitions

"Burst" means any description, properties and attributes related to a specific Segment and including any third-party content and any related data provided or generated by the Platform.
"Content" means any information, content, sounds, audio, radio broadcasts, text, photo, video, sounds, graphics, logo, including any proprietary data of the show, episode or channel (such as names and trademarks) and any other materials or content provided by you.
"Net Revenue(s)" means gross revenues actually received by Audioburst from monetization and from the promotion of the Content on any media formats, through any media channels and/or third party platforms, less distribution costs and third party revenue share, advertisement costs, insurance, duties, discounts, adjustments, deferrals, rebates, sales commissions and incentives, third party license fees, taxes, and similar charges incurred by Audioburst, if any, with respect to such promotion of the Content.
"Segment" means a part of the Content in audio format segmented by the Services including Segment Info.
"Segment Info" logo, including any proprietary data of the show, episode or channel (such as names and trademarks) provided by the Creator.

The Services

Audioburst facilitates generating Bursts based on your Content by allowing segmentation, editing and generating textual representations in order to promote, commercialize and monetize your Content.

Audioburst is not a hosting platform and is under no obligation to keep your Content.

Registration and Account

In order to use the Service, you will have to create an Audioburst account. When creating your account, you must provide accurate and complete information. It is important that you keep your Audioburst account password secure and confidential. You may not give your account password to anyone else. You must notify us immediately of any breach of security or unauthorized use of your account that you become aware of. You agree that you will be solely responsible (to us and to others) for all activity that occurs under your account.

Conditions for Use

Subject to your compliance with the Terms, Audioburst hereby grants you permission to access and use the Service, and a non-transferable, non-sublicensable, non-exclusive, revocable (only upon termination pursuant to the these Terms) license to use the Bursts related to Creator's Content subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part. The rights granted to you in this Section shall remain in effect as provided hereunder as long as you comply with all of your undertakings, representations and warranties set forth herein.

You agree:

  1. not to alter or modify any part of the Interface, Platform or any of the Service;
  2. not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Interface, Platform or Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
  3. not to collect or harvest any personal data of any end-user of the Interface, Platform or Service;
  4. to comply with all of the other provisions of the Terms at all times during your use of the Service;
  5. and acknowledge that the form and nature of the Service may change from time to time without prior notice to you;
  6. and acknowledge that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to any end-user generally at our sole discretion, without prior notice to you. You may deactivate your account at any time;
  7. that you are solely responsible for (and that Audioburst has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Audioburst may suffer) of any such breach.

Audioburst retains all worldwide right, title and interest in and to the Interface and the Platform including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefor), and all proprietary rights under applicable laws, any other jurisdiction or any treaty. You agree not to do anything inconsistent with such ownership, including without limitation, challenging Audioburst’s ownership of the Audioburst marks or challenging the validity of the licenses granted herein.

Audioburst reserves the right (but shall have no obligation) to decide, on becoming aware of any potential violation of these Terms, whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate your access to uploading Content which is in violation of these Terms at any time, without prior notice and at Audioburst's sole discretion.

Content and License

You own and retain all right and title (to the extent available under applicable law) in and to your Content. In order to use the Audioburst Services, you must grant Audioburst and its end-users a limited license to your Content as described hereunder.

You understand and agree that you (and not Audioburst) are and shall be solely responsible for the Content provided by you and the consequences of submitting it to the Platform through the Interface. Audioburst expressly disclaims any and all liability in connection with Content.

When you submit Content to the Platform, you grant:

The above licenses granted by you in the Content provided by you terminate when you deactivate your account. The above licenses granted by you in any derivative of the Content, and the Segments to the extent used in connection with the Burst, are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you under the section titled "Content".

Notwithstanding anything to the contrary herein, nothing herein shall deem to derogate from Audioburst's rights under any applicable law.

Advertisement Content

Audioburst may choose at its sole discretion to monetize the Content on any media formats, through any media channels and/or third-party platforms, with content sponsorships, voice ads and content promotions and/or any other monetization activity (as provided below).

Monetization of Content

Audioburst may choose at its sole discretion to monetize your Content on any media formats, through any media channels and/or third-party platforms, with content sponsorships, voice ads and content promotions or any other monetization activity.

Once /Bursts related to your content reach 1,000 play hours in the previous 12 months, you may request by sending an email to creators@audioburst.com , to apply to receive payment from Audioburst's monetization of the Bursts related to your Content and Audioburst may, at its sole discretion, approve such application. If your request has been approved by Audioburst, you will be entitled to receive 15% of the Net Revenues made by Audioburst from monetization of the Bursts related to your Content through any media formats, any media channels and/or third-party platforms (the "Rev Share"). Payments will be made by Audioburst on a quarterly basis after receipt of an invoice issued by you to Audioburst. You shall issue the invoice based on monetization reports provided by Audioburst which shall be considered final and decisive notwithstanding any disputes related to the reports. Payments by Audioburst will be made within 90 days from the end of the quarter.

Representations and Warranties

You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to your Content; (ii) you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Audioburst to use your Content in order to provide you with the Service, and otherwise to use your Content in the manner contemplated by it as part of Audioburst's Interface; (iii) there are no restrictions and/or limitations which prevent or restrict you from granting the licenses herein; and (iii) your Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, libelous, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party including privacy, publicity, moral or any other right of any third party; (e) contain any copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Audioburst the license referred to in the section titled "Content and License"; (f) offers or disseminates any fraudulent goods, services, schemes, investment opportunities, promotions or advice not permitted by law; (g) promotes illegal gambling, the use of illegal substances, or the consumption of alcoholic beverages or tobacco-related products; (h) directed or primarily appeals to children under the age of 13; (i) disparage, defame, or discredit Audioburst or any third party; (j) contain any virus, viruses, worms, trojan horses and other disabling or damaging codes; or (k) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction.

Disclaimer

The Service, the Interface and the Platform are provided "as is" and no warranty or representation of any kind are made by Audioburst to you with respect to the Services, the Interface and/or the Platform. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUDIOBURST DISCLAIMS ALL CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND INCLUDING WITHOUT LIMITATION ANY EXPRESSED AND/OR IMPLIED TERMS AS TO SATISFACTORY QUALITY, BUG FIXING, MERCHANTABILITY, TITLE, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION AND/OR NON-INFRINGEMENT, UNPERMITTED USE BY OTHERS OR WITH RESPECT TO THE PROMOTION OF THE CONTENT IN ANY MEDIA FORMATS, THROUGH ANY MEDIA CHANNELS AND/OR ON ANY THIRD PARTY PLATFORMS, AS WELL AS ITS PLACEMENT OR FREQUENCY THAT MAY APPLY TO THE SERVICE EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS.

Audioburst does not represent or warrant to you that: your use of the Service will meet your requirements, your use of the Service will be uninterrupted, timely, secure or free from error, any result of your use of the Service will be accurate or reliable, and that defects in the operation or functionality of any part of the Service will be corrected.

Limitation of Liability

AUDIOBURST SHALL HAVE NO LIABILITY WHATSOEVER TO YOU UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT. In no event shall Audioburst and its affiliates, officers, directors, employees, shareholders, agents, representatives and licensors shall be liable to you or to any third party for any special, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, lost profits, loss of goodwill, lost revenue, service interruption, computer damage or system failure or costs of procurement of substitute goods or services, arising out of or in connection with these Terms, the use of the Service or for any permanent or temporary cessation of the Service (or any features within the Service) and the Content, under any theory of liability, including but not limited to contract or tort (including products liability, strict liability and negligence), and whether or not Audioburst was or should have been aware of or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy stated herein. The sole and exclusive remedy with respect to any of the foregoing is to cease and terminate the provision of the Service.

Indemnity

You agree to defend, indemnify and hold harmless Audioburst and its affiliates, officers, directors, employees, shareholders, agents, representatives and licensors from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from (i) breach of your representations and warranties set forth in these Terms and (ii) the Content, including but not limited to any allegation that the Content is factually inaccurate, incomplete, offensive, profane, discriminatory, defamatory, indecent, or otherwise objectionable to any person and/or that the use of the Content in the manner contemplated under these Terms gives rise to civil liability or infringes upon third party rights, including privacy and intellectual property rights.

Termination

These Terms will continue to apply until terminated by either you or Audioburst as set out below. If you want to terminate your legal agreement with Audioburst, you may do so by deactivating your account. After termination of these Terms, you may request deletion of your Content by submitting e-mail to creators@audioburst.com. Audioburst may at any time and for any reason terminate its legal agreement with you by providing you reasonable notice of such termination. Upon termination for any reason, you shall not be entitled to, and shall immediately cease to use and access the Interface, Platform and the Services.

Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms in order to achieve their purpose shall survive until it shall no longer be necessary for them to survive in order to achieve that purpose.

General Terms

These Terms and any matters relating hereto shall be governed by and construed in accordance with the laws of New York and shall be subject to the exclusive jurisdiction of the authorized courts of New York, New York.

These Terms make the entire agreement between Audioburst and you and supersedes any prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.