TERMS & CONDITIONS OF USE
Welcome to PlatoCast! We hope you are enjoying our original unique podcasts and other content as much as, (if not more) we love producing it for you! Hereinbelow, is the Terms & Conditions of Use of PlatoCast, to ensure that you understand the legal requirements to use PlatoCast and further outline the legal rights that you, the potential user, have and give to us while using PlatoCast.
At the time of registering as a user or otherwise accessing any of the services PlatoCast has to offer, including all associated features and functionalities, websites and user interfaces, content and software applications associated with those services (“Service”), you are entering into a binding contract with PlatoCast.
We may make changes/modifications to the Terms from time to time in order to make improvements including without limitation expanding our existing Services, adding or deleting features from the Services, ensuring the operability or the security of the Service and/or to comply with rules by regulatory bodies or any other prevalent law. The changes made by us in the Terms shall be at our sole discretion. However, in the event we make any changes to the existing Terms, we shall intimate you about the same by displaying the same on PlatoCast or by sending you an email. Again, we strongly encourage you to go through the same, so that you are absolutely clear about the new Terms and continue using our Services without any ambiguity. Please note, if you are not in agreement of any of the provisions of the new Terms, you are well within your rights to terminate this agreement. In the event you continue to use our Service even after the new Terms have been introduced, the same shall be deemed
PROVISION OF SERVICES
We at PlatoCast pay special attention to the minutest details while developing and working on our content so that we are able to create the best possible experience for you. In order to achieve this, we may be compelled to make some changes to reinvent ourselves which may include our Service to (permanently or temporarily) stop without providing you with prior notice. During this time, your account on the Service may be disabled and you may lose access the Service, your account details on the Service, or any other content in connection with your content. While it will be our endeavor to only make PlatoCast better, you are free to terminate the Service at any time. (Though we really hope you accept the new us whenever the time comes!).
TERMS OF USING PLATOCAST SERVICE
First and foremost, to use the Service you need to be 18 (eighteen) years or above and legally qualified to enter this agreement, if you are below 18 (eighteen) years old, you will require parent or guardian consent to agree to the Terms on your behalf.
You may be required to register yourself on certain Service to gain access to PlatoCast content. You promise that the any information provided by you while registering on the Service is accurate, complete and true and you shall maintain the same practice while accessing our Service. You shall ensure that your username is not selected by you with the intention of impersonating another person. The confidentiality of your password shall be your sole responsibility. Once you have your own account on the Service, we shall not be liable in any manner of any activities that occur through your account. In the event you suspect unauthorized use of your account, you shall intimate as on _________________________.
You agree and understand that the use of the Service provided to you is limited, non-exclusive and revocable and for your non-commercial, personal use only. Further, you shall only use the Service in accordance with the provision of the Terms and/or as applicable by the applicable law.
You agree and understand that under any circumstance, you shall not have any claim of ownership on any of the content on the Service. Furthermore, you’re strictly prohibited from using any of PlatoCast trademarks, logos, names, domain names, trade names, service marks and any other features of the PlatoCast brand for either commercial or non commercial usage.
You understand and agree that you are not allowed to transfer your account on the Service to any other person without a written intimation to us in advance.
You agree and understand that you shall have access to the Service only in the manner prescribed by the Service. Any attempt to access the Service on any other interface (unless expressly allowed by us in writing) is stricltly prohibited.
You agree and understand that PlatoCast and its licensors have the complete ownership of all copies of the PlatoCast software application even after installation on any device owned by you including without limitation personal computers, mobile handsets, tablets, speakers or any other device.
You shall ensure that you shall not indulge in any practices that may result in the disruption of Service. Furthermore, you may not, unless expressly granted by us in writing, reproduce, duplicate, copy, sell, trade or resell the Services for any commercial or non-commercial usage.
PlatoCast Service may be available on third party applications and devices which may be governed by their own terms and conditions and privacy policies. You agree and understand that the PlatoCast Service shall not be responsible or liable in any manner whatsoever in any transaction that may take place between you and such other third party application and/or device.
You agree that you are solely responsible for (and that PlatoCast 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 PlatoCast may suffer) of any such breach.
You may not use the Service for any purpose that is unlawful or prohibited by this agreement and/or any applicable additional terms. Your access to any Service may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provisions of this agreement and/or any applicable additional terms, or for any other reason, or no reason.
CONTENT IN THE SERVICES
As creators of original, exciting and thought-provoking content, we understand and respect intellectual property rights and expect the same from you. While accessing our Service, you may enjoy podcasts, blogs, editorials or any other content (collectively “Content”) for your own personal, non-commercial purpose. Any and all Content on the Service is the sole property of PlatoCast and its licensors.
If you have reason to believe that your original content is being used in a way that violates your intellectual property rights, we encourage you to the bring the same to our attention by providing us a detailed explanation of the same on ___________________. Please ensure that when you send us a claim regarding violation of your intellectual property rights, the same is as detailed as possible and clearly indicating the description of the copyright work or other material being infringed, location of the infringing material that the owner seeks to have removed, the notifiers contact details etc. Along with the same, we would require you to enclose a statement stating that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law. We will endeavor to investigate the same as soon as possible.
We want to hear from you in order to keep improving the quality of our Content and therefore encourage you to give us your valuable feedback on ___________________. If you think that any Content is objectionable, please inform the same to us at your convenience. Notwithstanding anything stated herein, you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Service at your own risk.
You agree that you are solely responsible for (and that PlatoCast has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which PlatoCast may suffer) by doing so.
At the moment, PlatoCast content is available on the Service without any charge. However, we reserve the right to charge a fee for access to our content on the Service at any time in the future. Please note that your access to the Service before such time does not entitle you to use the Service without a fee in the future.
TERM AND TERMINATION
The term of this legal agreement shall continue until you or PlatoCast decide to terminate the same. In the event, you are found to be in breach of any of the provisions of the Terms, PlatoCast may, as per its sole discretion, terminate this agreement, including terminating your account and denying you access to the Service without providing any express reason.
PlatoCast may also terminate the relationship with you if we are legally required to do so (e.g., when provision of Services provided by herein is, or becomes, unlawful); or if the partner(s) with whom PlatoCast offered the Services to you has terminated its relationship with us or ceased to offer the Services to you; or the provision of the Services to you by PlatoCast is, in our opinion, no longer commercially viable.
In the event of termination, by either you or PlatoCast, you agree and understand that PlatoCast shall have no liability or responsibility to you and PlatoCast shall not be liable for any amounts that you have already paid, to the fullest extent permitted under applicable law.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
EXCLUSION OF WARRANTIES
You expressly understand and agree that your use of the Service is at your sole risk and that the Service are provided “as is” and “as available” without express or implied warranty or condition of any kind. While we shall endeavor to provide you with the best content on the Service, keeping in mind your experience, PlatoCast, its subsidiaries and affiliates, and its licensors or suppliers make no representation in any manner whatsoever that the use of the Service by you will be as per your requirement or taste; you will receive timely, free from malware or harmful content, uninterrupted Service; you will receive accurate or reliable information as a result of the using the Services.
You understand and agree that any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from PlatoCast, or through or from the Services shall create any warranty not expressly stated in the terms.
PlatoCast further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
In addition, PlatoCast makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, devices or any other product or service advertised, promoted or offered by a third party on or through the Service or any hyperlinked website, or featured in any banner or other advertising.
LIMITATION OF LIABILITY
In no event shall PlatoCast, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available Service and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Service or any information, software, products, services, and related graphics obtained through the Service; (vi) any transactions entered into through the Service; (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components, during or on account of access to or use of the Service or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Services has been advised of the possibility of damages.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you.
To the fullest extent allowed by applicable law, you agree to indemnify and hold PlatoCast, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.
The manner, mode, and extent of advertising by PlatoCast on the Services are subject to change without specific notice to you. In consideration for PlatoCast granting you access to and use of the Services, you agree that PlatoCast may place such advertising on the Services.
THIRD PARTY RIGHTS
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and PlatoCast, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Terms are not subject to the consent of any other person.
The Services may include hyperlinks to other web sites or content or resources. PlatoCast may have no control over any web sites or resources which are provided by companies or persons other than PlatoCast.
You acknowledge and agree that PlatoCast is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
You acknowledge and agree that PlatoCast is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in Mumbai, Maharashtra with respect to all disputes arising out of or relating to the Services. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
GENERAL LEGAL TERMS
Severability: If any provision of the Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
Survival: You agree and acknowledge that its representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of the Terms.
Entire Agreement: Other than as stated in this section or as explicitly agreed upon in writing between you and PlatoCast, the Terms constitute all the terms and conditions agreed upon between you and PlatoCast and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Waiver: You agree that PlatoCast may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if you or PlatoCast do not exercise or enforce any legal right or remedy which is contained in the Terms (or which you or PlatoCast have the benefit of under any applicable law), this will not be taken to be a formal waiver of you or PlatoCast’s rights and that those rights or remedies will still be available to you or PlatoCast.
Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PlatoCast’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.