Buzzsprout Ads Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING BUZZSPROUT ADS OR RELATED SERVICES. YOUR ACCESS OR OTHER USE OF THE BUZZSPROUT.COM/ADS WEBSITE OR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE BUZZSPROUT ADS SITE OR SERVICES AND SHOULD EXIT IMMEDIATELY.

Higher Pixels, Inc. dba Buzzsprout (“Buzzsprout”), provides Buzzsprout Ads and its related services ("Service") subject to your compliance with the terms and conditions ("Terms of Service") set forth below.

Buzzsprout reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. 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 of Service here: http://www.buzzsprout.com/ads/tos

Violation of any part of the Terms of Service may result in termination of your account.

Account Terms

You must be 18 years or older to use this Service.
You must provide your full legal name or company name, a valid email address, a valid credit card, and any other required information to complete the sign-up process.
You are responsible for maintaining the privacy and security of your account. Buzzsprout 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 jurisdiction, including, but not limited to, copyright laws.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Description of Services

Buzzsprout Ads allows advertisers to upload an audio advertisement (“Ad”) and purchase a specific number of Ad downloads at a fixed rate per download (“Ad Buy”). Buzzsprout Ads will make the Ad available to certain podcasts and upon acceptance, serve the Ad in podcasts to fulfill the Ad Buy as efficiently as possible. The specifics of Ad placements, both in terms of the particular podcasts that qualify and the placement of the ads within the podcast episodes will be determined by Buzzsprout in its sole discretion.

Ad Submission Terms

By submitting an Ad, you waive the right to make any claim against Buzzsprout or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Ad, 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 ad: (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 Buzzsprout or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.

You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Buzzsprout to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Ads to enable inclusion and use of the ads in the manner contemplated by this TOS; 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 ads to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the ads in the manner contemplated by this Agreement.

In order for an Ad to be submitted, you must upload an audio file no longer than 40 seconds in either a WAV or MP3 format. In addition you must provide other required information including but not limited to a headline and description for the ad.

Notice: User-Generated-Content Disclaimer

Buzzsprout does not and cannot review all content posted to or created by users accessing the Services (including, but not limited to, the Buzzsprout and Buzzsprout Ads Site), and is not in any manner responsible for the content of these communications or the activities of these users. 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 Buzzsprout and Buzzsprout Ads Site), Buzzsprout 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, Buzzsprout does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. Buzzsprout and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Ads or podcasts your ad will be placed into for inappropriate content. You understand that by using the Buzzsprout Site or Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Buzzsprout 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 Buzzsprout Site or Services. By using the Buzzsprout Ads service you understand that under no circumstances will Buzzsprout be liable in any way if your Ad is placed in a podcast that contains content you find objectionable. Buzzsprout 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, Buzzsprout 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 Buzzsprout, in its sole discretion.

Honesty Policy

There is no copyrighted content allowed on the Buzzsprout Ads site, unless you personally hold the copyright. This includes but is not limited to audio from ripped CDs, purchased digital music, audio books, TV shows or audio you found on the web.
You may not upload an Ad unless you created it, participated closely in its creation, or have prior written authorization by the creator.
You may not post an Ad that contains pornography or sexually explicit material.
You may not post an Ad 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 an Ad that is harmful to minors in any way.
You may not post an Ad that impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
If you do not follow these simple guidelines we reserve the right to delete your account without warning and you forfeit your right to a refund on any unfulfilled Ad Buy(s).

Payment and Access

A valid credit card is required prior to making an Ad Buy.
We will charge the credit card provided at the time of the Ad Buy. No refunds or credits will be issued unless there is an issue with fulfilling the order. If Buzzsprout determines, in its sole discretion, that all or a portion of the order is not able to be filled, your credit card will be credited for the portion of the order unfulfilled. If you believe you are experiencing an issue with order fulfillment please email support@buzzsprout.com and we will investigate.
All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
The advertiser is not responsible for remitting payment to the individual podcasts that accept and generate Ad downloads contributing to the fulfillment of an Ad Buy. Buzzsprout will track the ad downloads and remit a percentage of the revenue from each Ad Buy to the podcasts responsible for the Ad downloads. The remittance amounts will be determined pro rata based on the number of Ad downloads each podcast generated for that specific Ad Buy between the time the Ad Buy was placed and the time the Ad download requirements were fulfilled. The timing and method of the remittance to podcasts will be determined by Buzzsprout in its sole discretion.

Modifications to the Service and Fees

Buzzsprout reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
Buzzsprout reserves the right to change our fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the Buzzsprout Ads website (www.buzzsprout.com/ads).
Buzzsprout shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

You alone are responsible for the proper cancellation of your account.
Your account and all of its ads will be deleted immediately upon your cancellation of the Service. This information can NOT be recovered once it has been deleted.
Buzzsprout 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. Buzzsprout may refuse service to anyone for any reason at any time.

Copyright and Ownership

Buzzsprout or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork 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 Buzzsprout or its suppliers own.
Buzzsprout claims no intellectual property rights over the Ads you upload or provide to the Service besides a license to include them in podcast episodes to promote your Ad.
All Ads posted on the Service must comply with U.S. copyright law. Buzzsprout does not pre-screen ads, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any Ad that are available via the Service.

Limitation of Liability and Indemnification

In no event shall either party be liable to the other for any lost profits or special, punitive, incidental or consequential damages, however caused.
You agree to indemnify, defend and hold harmless Buzzsprout and its officers, directors, employees, and agents from and against any and all third party claims or liabilities arising out of your breach of this agreement, and/or your negligence or willful misconduct.

Data Use

Buzzsprout is committed to protecting the privacy and data of those who use the Buzzsprout Ads Service. We collect the email addresses of those who communicate with us via email. When you browse our marketing pages, we track that for analytical purposes (conversion rates and testing new designs). We'll also store any information you voluntarily submit (for example, filling out a survey) for the duration of the research project or as long as it makes sense. When you sign up for Buzzsprout Ads, we ask for your name and email address. This allows us to personalize your new account, and send you invoices, updates, or contact you concerning your account. We’ll never give nor sell your personal information to third parties.
Buzzsprout only collects the minimum data necessary to validate a download, understand the application that was used to initiate the download, and get a general sense of where in the world that download was delivered.
You retain all rights of ownership to the data you have stored on the Buzzsprout Ads Service.
For further information regarding our commitment to protecting your privacy and data please see Buzzsprout’s Privacy Policy (www.buzzsprout.com/privacy).

General Conditions

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.
Buzzsprout makes no guarantees that an Ad Buywill be fulfilled in any specific window of time. While the Ad will be made available to qualifying podcasts, each podcast must accept the Ad in order for the Ad to be placed and receive Ad downloads. By using the Service, you acknowledge the ability to fulfill an Ad Buyis dependent upon podcasters accepting the ad.
Technical support is only provided via email.
You understand that Buzzsprout 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 Buzzsprout.
You must not modify, adapt or hack 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 ad, and that during processing, your ad, including underlying data, may be transferred unencrypted over the internet
You may not use the service to transmit any viruses, worms, or malicious content.
Buzzsprout 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.
Buzzsprout, 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 of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
The failure of Buzzsprout to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Buzzsprout as to the Service and supersedes any prior agreements between you and Buzzsprout (including, but not limited to, prior versions of the Terms of Service).
Any questions regarding the Terms of Service should be addressed to support@buzzsprout.com.