Terms and Conditions
Last updated Sunday, August 28, 2022
READ THIS DOCUMENT CAREFULLY PRIOR TO ACCESSING OR UTILIZING THE PODSCHOLARSS.COM WEBSITE OR RELATED SERVICES. YOUR ACCESS OR OTHER USE OF THE PODSCHOLARS WEBSITE OR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE PODSCHOLARS SITE OR SERVICES AND SHOULD EXIT IMMEDIATELY.
PodScholars provides its related services ("Service") subject to your compliance with the terms and conditions ("Terms and Conditions") set forth below. PodScholars reserves the right to update and modify the Terms and Conditions at any time without notice. New features that may be added to the Service shall be subject to the Terms and Conditions. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms and Conditions at www.PodScholars.com.
Violation of any part of the Terms and Conditions may result in termination of your account.
- You must be 18 years or older to use this Service.
- You must provide your full legal name, a valid email address, and any other required information to complete the registration process for uploading podcasts and Services.
- You are not violating copyright of any material discussed or presented within the podcast (See Copyright and Ownership).
- You are responsible for maintaining the privacy and security of your account. PodScholars will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
- You may not use the Service for any illegal purpose or to violate any laws in your, or any jurisdiction (including but not limited to copyright laws).
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- PodScholars is not responsible for the accuracy of the content uploaded.
- A PodScholars uploaded podcast cannot be uploaded or used by any other service as another podcast or audio material.
By submitting an Upload, you waive the right to make any claim against PodScholars or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Service and Upload, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights, so-called "droits morales" and any right of attribution you may have in any materials uploaded or sent to us by you. You represent and warrant that your Upload: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for PodScholars or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, users, officers and shareholders. You also agree to maintain and promptly update your Upload by means of the Services in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize PodScholars to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Upload to enable inclusion and use of the Upload in the manner contemplated by this TOC; and (ii) you have any and all necessary written or implied consents, releases, and/or permissions of each and every identifiable individual person in the Upload to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Upload in the manner contemplated by this Agreement.
Notice: User-Generated-Content Disclaimer
PodScholars does not and cannot review all content posted to or created by users accessing the Services (including, but not limited to, the PodScholars site), and is not in any manner responsible for the content of these audio, video casts, communications or the activities of the users. PodScholars is not responsible for the accuracy of Uploads as it relates to scientific accuracy. This responsibility is the sole responsibility of the registered user. You acknowledge that by providing you with the ability to view and distribute user-generated-content through the Services (including, but not limited to, the PodScholars site), PodScholars is merely acting as a passive conduit for the distribution of such information, and is not undertaking any obligation or liability relating to the content or the users' activities. Accordingly, PodScholars does not guarantee the accuracy, integrity, completeness, non- infringement or quality of such content. PodScholars and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the PodScholars site for inappropriate content. You understand that by using the PodScholars Site or Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will PodScholars 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 on or via the PodScholars Site or Services. PodScholars and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, PodScholars reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to PodScholars, in its sole discretion. Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. PodScholars is an educational platform and the content is created for educational use, by users. PodScholars is not responsible for the content accuracy of the content presented by the users/creators on the platform.
- Uploads consist of research or scholarship that has been published as part of the scientific process in any respective discipline.
- The person/people responsible for the upload/podcast/video cast and other content is responsible for the accuracy of all content as it relates to the scientific document.
- Anonymity of any participate or party discussed or shown in a scholarship podcast is not identified or must be de-identified, no exceptions.
- There is no copyrighted content allowed on the PodScholars site, unless you personally hold the copyright. This includes but not limited to audio from ripped CDs, purchased digital music, audio books, TV shows or audio you found on the web.
- You may not post content unpublished content.
- You may not post content that contains pornography, underage/minor, or sexually explicit material.
- You may not post content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You may not post content that is harmful to minors in any way.
- You may not post content that impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
- You may not solicit other users of the PodScholars Site to join or become members of any online or other service.
- You may not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Creators are responsible for all content in which they upload to PodScholars.com. PodScholars is not responsible for any content, copyright issues, or legally objectionable material posted by a creator.
Failure to comply with the Integrity Policy or any other part of the TOC and the simple guidelines explained on the Website, we reserve the right to delete your Content and/or account without warning.
Modifications to the Service and/or Fees
- PodScholars reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- PodScholars shall not be liable to you or to any third party for any modification, price change (if/when applicable), suspension or discontinuance of the Service.
Cancellation and Termination
- You, the content creator, alone are responsible for the proper cancellation of your account. You may cancel your account at any time by using the links in the Service's navigation menu. This provides a link to cancel your account at any time. Email or phone requests to cancel your account will not be deemed cancellation. Email or phone requests will not be permitted for cancellation.
- Your account and all of its Content (including Uploads, comments, etc.) will be deleted immediately upon your cancellation of the Service. This information cannot be recovered once it has been deleted.
- You can cancel or delete your account at any time, but you will remain liable for any content up to that time.
- PodScholars reserves the right to modify, suspend, or terminate your account and refuse any and all current or future use of the Service for any reason at any time with or without notice or refund. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. PodScholars may refuse service to anyone for any reason at any time.
Copyright and Ownership
- PodScholars owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork, logos, and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which PodScholars or its suppliers own.
- PodScholars claims no intellectual property rights or copyright over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
- Content creators own and are responsible for the content in which they post. Creators are responsible for ensuring no copyright infringement occurs when podcasting the published science.
- All Content posted on the Service must comply with U.S. copyright law. PodScholars does not pre- screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
- Any user, person or group that falsely uploads Content from research or scholarship in which they are not listed as an author, without written permission from the authors, will be subject to removal from PodScholars.com as a registered user and the content will be removed, with no refund or explanation.
- Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
- Technical support is only provided via email [email protected]
- You understand that PodScholars uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of PodScholars.
- You must not adapt, modify, or hack PodScholars and the Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
- You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
- You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including Audio files, Video files, File meta data, users names, email addresses and passwords, may be transferred unencrypted over the internet.
- You may not use the service to transmit any viruses, worms, or malicious content.
- PodScholars makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
- PodScholars, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- If any provision of the Terms and Conditions is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- The failure of PodScholars to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms and Conditions sets forth the entire understanding between you and PodScholars as to the Service and supersedes any prior agreements between you and PodScholars (including, but not limited to, prior versions of the Terms and Conditions).
- Any questions regarding the Terms and Conditions should be addressed to the contact page on PodScholars.com.