Updated Oct 9, 2023
I. Introduction
This Terms of Service Agreement (the “Agreement”) outlines the terms and conditions governing your use of Rawvoice Inc., dba Blubrry’s (the “Company”) website and services. By accessing and using the websites and services, you acknowledge and agree to comply with these terms and conditions, which form a binding contract between you and the Company. You must be at least 18 years of age or older to use our services. Accounts registered by “bots” or other non-human methods are not permitted.
II. Registration and Account Security
To access the services provided by the Company, you must create an account by providing accurate and complete registration information. You are responsible for maintaining the security of your account and for keeping your password confidential. You must not share your password or allow unauthorized access to your account. Any breach of account security may result in termination of your access to the services.
III. Privacy
The Company values your privacy and uses the information collected about you to enable website functionality, improve services, analyze site usage and customize content and layout. The Company will not sell, rent, or give away any personally identifiable information about you to any third party. On occasion, the Company may disclose aggregated personally identifiable information to third parties, but will never disclose any information that could personally identify you. To learn more please see the Company’s privacy policy.
IV. Content Producers and Advertising Campaigns
Content producers may have the opportunity to participate in advertising campaigns through the Company or its affiliates, although there is no obligation for the Company to offer such opportunities. If a content producer participates in an advertising campaign, they will be paid according to the advertising campaign agreement, and payments will be made within 90 days after the conclusion of the campaign or as specified in the advertising campaign agreement. The Company reserves the right to terminate the advertising contract if the content is found to be inappropriate or harmful to the advertiser’s reputation. The Company may assign the advertising campaign agreement without restriction. Additional terms apply to content producers participating in advertising campaigns and those terms are found in Appendix A of this Agreement.
V. Purchases and Fees
When you purchase a service, you agree to be charged on your credit card or PayPal account. The services provided are billed in advance monthly or annually depending on your choice of billing frequency. You are responsible for providing a valid payment method and for all taxes incurred as a result of your purchase.The Company is not liable for any issues arising from electronic transactions, hardware, or software requirements necessary for accessing and retaining your electronic records. All fees for purchases are non-refundable unless otherwise stated. The Company may change its fees at any time, and such changes will be effective upon posting on our website or otherwise communicated to you.
VI. Free Trials
The Company may offer free trials of its products, which are typically done through the use of promotional codes. You may not maintain more than one free account. You must enter a valid credit card or payment method at the time you sign up for a free trial. You are free to cancel the free trial prior to the end of the free trial period. If you cancel prior to the end of the free trial your credit card or payment method will not be charged. If the Company finds that your credit card is not valid, or in the case of a debit card, the card has no balance to use for the purchase, the Company has the right to immediately cancel the free trial and remove your account from the system.
VII. Services and Products
The Company provides a variety of services and products which are listed on its website. The description of those products and services are incorporated into these terms of service by reference. The Company reserves the right to modify, enhance or remove any product or service at its sole discretion.
VIII. Separate Proposals for Service and Products
Notwithstanding Paragraph XIII(8) of this Agreement, The Company may negotiate a separate proposal for a customer for the Company’s products and services. If certain terms within a proposal submitted to you are inconsistent with the terms of this Agreement then the inconsistent terms in the proposal take precedence over the terms in this Agreement. All other terms not inconsistent within the proposal, or within this Agreement, are binding upon you when the offer is accepted.
IX. Your Use of the Services and Products
You agree to use the services or products only for lawful purposes and in accordance with this Agreement, any applicable laws and our content guidelines. The Company’s products and services are considered a platform for you to host, distribute and analyze your content. The Company does not and cannot review your content. The Company does not assume any control or liability over what you produce and distribute to your audience. However, if it comes to the attention of the Company that your content is promoting violence or hatred then we will remove your content. It if comes to the attention of the Company that you are using the Company’s products or services for the purpose of gambling websites, distributing spam, for phishing, or for any other fraudulent purposes, then we will remove your content. The Company reserves the right to suspend or terminate your account at any time if we suspect any fraudulent, abusive or otherwise illegal activity; or if you breach any term of this Agreement; or if you produce any content that is unacceptable to the Company, in its sole discretion.
X. Your Intellectual Property Rights
The content you produce belongs to you. The Company makes no claim to copyright or other intellectual property rights to the content you produce. However, you do grant a limited right to the Company to use your content as required to provide you with the services you have purchased from the Company.
XI. Content and Ownership
The Company provides its services as a platform where you can host, distribute and analyze the reach of your content. The Company does not monitor your content (unless a complaint is received) or in any way make recommendations about the content you produce. You are solely responsible for the content of your podcast including audio files, images, text, metadata and any other materials you submit or upload to our Services (“Content”). You represent and warrant that you have all the necessary rights, licenses and permissions to use, submit and distribute your Content.
XII. Termination
You may terminate this Agreement at any time by accessing your account and choosing the cancel-account option available in the account menu selections. The Company may terminate this Agreement and your access to the services at any time, with or without cause, and with or without notice to you. If notice is given it will be given through the email address you provide in your account. Upon termination of this Agreement. All rights and licenses granted to you under this Agreement will immediately cease, and your Content will be removed from the Services.
XIII. General Conditions
1. The Company provides its services on an “as is” and “as available” basis. The Company makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You understand that you are assuming the total risk and responsibility for the use of this Service.
2. The Company utilizes third-party vendors for the hosting, networking, storage, software and related technology that is required to provide you with the Services.
3. Unless you obtain prior written permission you are not authorized to resell, duplicate, reproduce or exploit any of the Company’s Services.
4. The Company requires you to treat with respect any Company employee, officer or contractor. Any threats, whether verbal or written, are taken seriously and will result in the immediate termination of your account.
5. The Company will make its best efforts to correct any bugs, mathematical errors in its calculations, and its service availability. Other than the Companies best and reasonable efforts to correct such issues, the Company makes no further warranties that such issues will be corrected.
6. The Company is not responsible for any direct, indirect, consequential, incidental, special, exemplary, punitive, or other damages arising out of your use of the Service. Your sole remedy for the dissatisfaction of the service is to stop using the Service.
7. If any portion of this Agreement is found to be unlawful, void, unenforceable then that portion of the Agreement is severable from the rest of the Agreement and does not affect the lawfulness or enforceability of the remainder of the Agreement.
8. This Agreement constitutes the entire Agreement between you and the Company. This Agreement supersedes any oral, contemporaneous or written agreement between you and the Company. Any change in this Agreement must be in writing and signed by an officer of the Company. The failure of the Company to enforce any portion of this Agreement shall not be deemed a waiver of any right hereunder.
9. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Website or Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Website or Services will be deemed acceptance thereof.
10. You agree that this agreement is governed by the laws of the State of Michigan and without giving any effect to conflict of laws. You further agree that you irrevocably waive any right to a jury trial that you may have in any such proceeding.
11. Any questions regarding these Terms of Service should be directed to legal@rawvoice.com.
APPENDIX A – AGREEMENT FOR AD PLACEMENT IN YOUR CONTENT
General:
This Appendix A is incorporated into the Rawvoice / Blubrry Terms of Service (TOS) by reference. By agreeing to participate in an advertising deal offered by Rawvoice / Blubrry you are agreeing to the terms contained in this Appendix A.
Section 1 – Advertising Placed by Third-Party Partners.
The Company may, from time to time, utilize third-parties to deliver advertising to its Content Producers. The third-party advertiser will have their own terms of service that the Content Producer will agree to before advertising is placed into your content.
The Company will negotiate the best possible CPM from the third-party ad delivery network and offer a revenue share to the Content Producer. The details of the revenue share and terms of payment are found on the Company’s website.
Section 2 – Advertising Brokered by the Company.
A. Potential Advertising Campaign participants will, from time to time, be presented with information related to advertising campaigns that may or may not conclude with your participation in a campaign.
B. If you are involved in a voluntary ad deal with the Company, we will never share your individual show numbers to any other party. The Company may be involved in group ad buys and your numbers might be combined with other Content Producers, but never independently released without your written permission. The Company will limit internal access to these statistics, even to the employees of the company. We want to assure all perspective media creators that your data will be handled as privately as possible.
C. Your Commitment to an Advertising Campaign:
i. You guarantee to the Company that you are at least 18 years of age, competent and have the authority to enter into an Advertising Campaign contract.
ii. You agree to participate in the Advertising Campaign according to the terms of each Advertising Campaign in which you are participating.
iii. Advertisers or their agencies require accurate consumption statistics and the Company requires accurate consumption statistics to calculate payments made to you. Therefore you agree to use the Company’s Statistic Services. The level of statistic service will be determined by the Company. This service will be provided to you free of charge.
iv. You agree to fill out an online profile of your show. The profile provides information to the Company to determine if your show meets the requirements set by advertisers or advertising agencies. In addition, the Company uses this information to set up accounting records used to pay you for participating in Advertising Campaigns. Any failure to accurately complete this profile may result in delayed payments or no payments made to you. It is your responsibility to keep this information accurate and up to date.
v. By participating in an advertising campaign you agree that the minimum term of this Agreement equals the term of the advertising campaign. If you fail to continue your show during the term of the advertising agreement, or fail to meet the requirements of the advertising campaign as stated in the advertising campaign proposal made and accepted by you, then you are in breach of the advertising campaign contract. If you breach the advertising campaign contract, without cause, you agree to reimburse the Company for any expenses, including legal fees and loss of revenue to the Company that results from your breach of the contract.
vi. You agree to provide the Company with any forms and/or information required by the Internal Revenue Service, state tax agencies, or other government agencies that require the Company to report payments made to you. If the Company requests such documents or information from you, and you fail to provide such documents or accurate information to the Company, you agree to reimburse the Company for all fees,
penalties and taxes incurred by the Company resulting from your failure to provide the appropriate documents or information.
vii. Because the popularity of content is often dependent upon the talent producing and participating in a show, you agree not to assign the content or change the talent in a show in any significant way that impairs the popularity of the show.
D. The Company’s Rights and Obligations to You for Participating in an Advertising Campaign:
i. The Company has no obligation to offer a Content Producer the opportunity to participate in an Advertising Campaign.
ii.If you participate in an Advertising Campaign, the Company will pay you according to the terms of the Advertising Campaign Agreement. The payment to you will be made within 90 days after the conclusion of the Advertising Campaign.
iii. If the advertiser, advertising agency, or the Company determines that your content is not appropriate, disparages, or diminishes the reputation of the advertiser and/or its products or services, the Company may at its sole discretion, terminate the advertising contract with you. You are solely responsible for such damage caused to the advertiser and you agree to hold the Company harmless for such damage and reimburse the Company for any damages, expenses or legal fees the Company incurs from such damage.
iv. The Company may assign the Advertising Campaign Agreement freely and without restriction.