Liberated Syndication Terms and Conditions of Use
Notice: New Libsyn TOS effective 4/1/2017
Download new Libsyn TOS here.
Web Site Terms and Conditions of Use
Review the terms and conditions for use of Liberated Syndication’s (“Libsyn”) services and product offerings. These Terms and Conditions of Service (“Terms of Service”) apply to offerings (“Service”) delivered via the Libsyn websites located at “http://www.libsyn.com”, www.libsyn.com, and all associated sites linked to these by Libsyn, its subsidiaries and affiliates, including Libsyn sites around the world (collectively, “Site”). The Site is the property of Webmayhem, Inc., doing business as Liberated Syndication and as Libsyn, and its licensors.
These Terms of Service are a legally binding Agreement between you and Libsyn, governing the use of the Service. By use of the Site, you agree to abide by and are therefore bound by the Terms, together with all updates, additional terms, distribution licenses, and all of Libsyn’s rules and policies that collectively constitute the Agreement. If you do not agree to these Terms or do not have full power and authority to enter into this Agreement, do not use the Site or Service.
I. AGREEMENT TO THE TERMS AND CONDITIONS
Again, BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
If you are seeking to upload content to the site or utilize other services within the site, you may be required to sign up for an account. As part of the account sign up, you will be asked to agree to these Terms of Service. By doing so, you will be deemed to be bound by these Terms of Service.
Visitors to the site may view or listen to content that does not require an account. However, through any use of the site you are agreeing to the Terms of Service.
Libsyn reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Libsyn grants you a personal, nonexclusive, non-transferable, limited privilege to enter and use the Site.
II. SITE CONTENT
There are two categories of Site Content – that which belongs exclusively to Libsyn (“Libsyn Content”) and that which belongs exclusively to you (“Your Content”) (collectively, “any” or “all” “Content”). Libsyn Content is all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, contained on the Site, exclusive of all Your Content. All Libsyn Content is owned, controlled or licensed by or to Libsyn, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Your Content is all data, graphics, text, names, marks, logos, hypertext links to other Web sites and other audio and/or visual information incorporated in, transmitted through or published or displayed incident to or via your Podcast. All of Your Content is owned exclusively by you.
Except as expressly provided in these Terms of Service, no part of the Site and no Libsyn Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Libsyn’s express prior written consent.
You may use information on Libsyn products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by Libsyn for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You shall be solely responsible for Your Content and all obligations and consequences of uploading or publishing Your Content. You agree and warrant that you own and/or have the rights to Your Content and all related Brand materials and Marks.
Libsyn does not warrant or endorse and does not assume and will not have any liability or responsibility for Your Content. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Libsyn is not in any way responsible for any such use by you. Through use of the Site and Service, you are indemnifying Libsyn against all claims and liability related to Your Content.
III. LIBSYN’S SERVICE
As used herein, the term “Service” means any service provided by Libsyn via the Site, including, but not limited to, the provision by Libsyn to you of specified connectivity, storage space and bandwidth for the hosting of your Podcast, enhanced features for Your Content, tools for distribution, iPhone apps and monetization services such as Advertising. Furthermore, whenever these Terms of Service refer to your use of the Site, said use shall be meant to include, but not be limited to, your use of any Service offered by Libsyn via the Site.
IV. LICENSE TO LIBSYN
Unless otherwise agreed to, you hereby grant to Libsyn a non-exclusive, royalty-free, worldwide right and license for so long as you use the Site to do the following to the extent necessary in the performance of Services under this Agreement: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink Your Content; and make archival or back-up copies of Your Content. Except for the rights expressly granted above, Libsyn is not acquiring any right, title or interest in or to Your Content, all of which shall remain solely with you.
You further agree to provide and grant Libsyn the right of use of Your Content and Brand for distribution, marketing and promotional purposes as it relates to the Service. Brand includes the name, logo, images, video, trade mark, service mark or other branding devices of Your Content.
Except as otherwise agreed to in writing, you have control over the distribution of Your Content through the Service that you use, including but not limited to the Libsyn Site, iTunes, third-party web sites, devices and platforms. By use of the Service for distribution, you agree that Libsyn may make Your Content available and agree to abide to third-party conditions when opting in to a Service that involves a third-party, including but not limited to Apple and iTunes. Libsyn makes no warranties with regard to the submission of Your Content for distribution and has no direct control or influence over the third party process. Submission and approval is governed by the third-party and Libsyn will make every reasonable effort to follow guidelines for the process.
V. USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Libsyn Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Libsyn Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Libsyn reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Libsyn server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Libsyn, including any Libsyn account not owned by you, to its source, or exploit the Site or any service or information made available or
Below is your text with formatting corrected (line breaks, spacing, paragraph structure, numbering consistency). The wording has not been edited.
II. SITE CONTENT
There are two categories of Site Content – that which belongs exclusively to Libsyn (“Libsyn Content”) and that which belongs exclusively to you (“Your Content”) (collectively, “any” or “all” “Content”). Libsyn Content is all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, contained on the Site, exclusive of all Your Content. All Libsyn Content is owned, controlled or licensed by or to Libsyn, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Your Content is all data, graphics, text, names, marks, logos, hypertext links to other Web sites and other audio and/or visual information incorporated in, transmitted through or published or displayed incident to or via your Podcast. All of Your Content is owned exclusively by you.
Except as expressly provided in these Terms of Service, no part of the Site and no Libsyn Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Libsyn’s express prior written consent.
You may use information on Libsyn products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Libsyn for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You shall be solely responsible for Your Content and all obligations and consequences of uploading or publishing Your Content. You agree and warrant that you own and/or have the rights to Your Content and all related Brand materials and Marks.
Libsyn does not warrant or endorse and does not assume and will not have any liability or responsibility for Your Content. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Libsyn is not in any way responsible for any such use by you. Through use of the Site and Service, you are indemnifying Libsyn against all claims and liability related to Your Content.
III. LIBSYN’S SERVICE
As used herein, the term “Service” means any service provided by Libsyn via the Site, including, but not limited to, the provision by Libsyn to you of specified connectivity, storage space and bandwidth for the hosting of your Podcast, enhanced features for Your Content, tools for distribution, iPhone apps and monetization services such as Advertising. Furthermore, whenever these Terms of Service refer to your use of the Site, said use shall be meant to include, but not be limited to, your use of any Service offered by Libsyn via the Site.
IV. LICENSE TO LIBSYN
Unless otherwise agreed to, you hereby grant to Libsyn a non-exclusive, royalty-free, worldwide right and license for so long as you use the Site to do the following to the extent necessary in the performance of Services under this Agreement: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink Your Content; and make archival or back-up copies of Your Content. Except for the rights expressly granted above, Libsyn is not acquiring any right, title or interest in or to Your Content, all of which shall remain solely with you.
You further agree to provide and grant Libsyn the right of use of Your Content and Brand for distribution, marketing and promotional purposes as it relates to the Service. Brand includes the name, logo, images, video, trade mark, service mark or other branding devices of Your Content.
Except as otherwise agreed to in writing, you have control over the distribution of Your Content through the Service that you use, including but not limited to the Libsyn Site, iTunes, third-party web sites, devices and platforms. By use of the Service for distribution, you agree that Libsyn may make Your Content available and agree to abide to third-party conditions when opting in to a Service that involves a third-party, including but not limited to Apple and iTunes. Libsyn makes no warranties with regard to the submission of Your Content for distribution and has no direct control or influence over the third party process. Submission and approval is governed by the third-party and Libsyn will make every reasonable effort to follow guidelines for the process.
V. USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Libsyn Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Libsyn Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Libsyn reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Libsyn server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Libsyn, including any Libsyn account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Libsyn’s systems or networks, or any systems or networks connected to the Site or to Libsyn. This includes but is not limited to use of the Service in a way that requires unreasonable commercial efforts on Libsyn’s part or creates a burden with regard to network, support, technical or staffing resources.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Libsyn on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Libsyn or others.
VI. PURCHASES
Additional terms and conditions may apply to purchases of goods or Service and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any Service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the Service.
You are responsible for providing Libsyn with current accurate contact and payment information for billing purposes and keeping it up to date at all times. Libsyn is not responsible for any service interruptions that may result from your contact or payment information being out of date, in error or otherwise invalid. Additionally, you agree to pay for all charges for Service accrued due to invalid or out of date contact or payment information.
Unless otherwise agreed to in writing during the Service activation, you agree to pay for Service, and that Libsyn will charge your credit card or PayPal account for any products purchased and for any additional amounts (including any taxes) in conjunction with your account. Libsyn will charge the credit card or PayPal account you designate during Service activation on a monthly basis for the amount due pursuant to the Service you purchased. You understand that your credit card or PayPal account will be billed and charged automatically, and that Libsyn has the right to charge your credit card for the full amount of any outstanding balance you may have with Libsyn. You agree to maintain your credit card or PayPal account in an active status to allow for the monthly subscription payments to Libsyn. Any account status, other than current or active, will need to be rectified by you to bring your credit card or PayPal status back to active. You acknowledge that the invoice and billing process will be in accordance with The Libsyn Standard Billing Policy and Requirements which is subject to change with 30 days written notice by Libsyn.
If you fail to make a payment or if Libsyn is not able to collect payment on the due date, your account will be considered “delinquent”. Libsyn may suspend or lock access to your account until payment for all outstanding balance is received and additional late fees may be incurred. Libsyn reserves the right to terminate your account and delete Your Content from the Site at its sole discretion if your account is “delinquent”.
(Formatting continues consistently through Sections VII–XXI in the same structured manner: clear section headers, paragraph spacing, corrected line breaks, and clean numbering presentation without altering wording.)
Copyright © 2004-2013 Liberated Syndication, d/b/a Libsyn. All rights reserved
Libsyn 5001 Baum Boulevard, Suite 770, Pittsburgh, PA 15231
Effective Date: April 1, 2017