Related: Privacy Policy
The effective date of these Terms of Service is 2.03.2021
These terms of service (“Terms of Service”) govern your access to and use of the mobile applications, website, and any other online services (collectively, the “Services”) provided by Maple Media or its legal affiliates (“Player FM”, “Breaker”, “Podkicker”, “we” or “us”), including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user.
Please read these Terms of Service carefully before you start to use our Services. If you do not agree to be bound by these Terms of Service, you are not permitted to use our Services.
Please note that Part C of these Terms of Service, which apply to U.S. Users and other Users outside Europe, contain Indemnification, Governing Law and Dispute Resolution, and Disclaimer of Warranties and Limitation of Liability Sections that affect your rights, including your ability to bring legal claims against us.
The Terms of Service are divided into four parts that apply as follows:
Table of Contents
Part A – GENERAL TERMS
Part B – TERMS FOR PURCHASE OF PREMIUM OR SUBSCRIPTION SERVICES
Part C – ADDITIONAL TERMS FOR U.S. USERS AND USERS OUTSIDE EUROPE
Part D – ADDITIONAL TERMS FOR EUROPEAN USERS
PART A OF TERMS OF SERVICE –
GENERAL TERMS
CONCLUSION OF THE AGREEMENT
SUBJECT MATTER
YOUR RIGHTS
PROHIBITED USES
You agree not to use or access any of the Services:
YOUR RESPONSIBILITIES
USER CONTRIBUTIONS
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Maple Media, have full responsibility for such User Contributions, including their legality, reliability, accuracy, and appropriateness.
SUSPENSION AND TERMINATION
LINKING TO THE SERVICES
LINKS ON OUR SERVICES; ACCESS TO 3RD PARTY CONTENT
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Certain Services may also enable you to download and/or stream content from third party sources, such as podcasts or video clips. We have no control over the contents of any third party sites, content or resources, and (unless otherwise required by applicable law) accept no responsibility for them or for any loss or damage that may arise from your use of them. We also cannot assure you that third parties permit or authorize your use of content that we link or enable access to. If you decide to access any of the third-party sites, content or resources linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use of such third party providers.
SERVICES CONTENT
DOWNLOADS THROUGH ONLINE STORES
If you download a Service through an Online Store, you will be asked to agree and adhere to the relevant Online Store terms, which will also apply in addition to these Terms of Service. You should read these Online Store terms carefully.
PRIVACY
Our privacy policy, available at https://player.fm/privacy, informs you how we process your personal data and how we use cookies, advertising identifiers and similar technologies.
QUALITY STANDARD
We strive to provide our Services under these Terms of Service without errors or interruptions. However, a faultless and uninterrupted Service cannot always be guaranteed. In the event of errors or interruptions, we will generally attempt to restore our normal operations as soon as possible.
RESERVATION OF CHANGES / CHANGES TO THE SERVICES
WAIVER AND SEVERABILITY
ENTIRE AGREEMENT
The Terms of Service constitute the sole and entire agreement between you and Maple Media regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
YOUR COMMENTS AND CONCERNS
Please direct questions or concerns regarding these Terms of Service or the Services to Maple Media at [email protected] or by mail at: 1510 Fashion Island Blvd #300 San Mateo, CA 94404 USA.
PART B OF THE TERMS OF SERVICE -
TERMS FOR PURCHASE OF PREMIUM OR SUBSCRIPTION SERVICES
This Part B of the Terms of Service (“Terms for Purchase of Premium or Subscription Services”) applies in addition to Part A of the Terms of Service if you purchase a paid application or subscribe to premium features or services across the Services. If there is a conflict between the provisions of this Part B of the Terms of Service and the provisions of Part A of the Terms of Service, the provisions of this Part B of the Terms of Service shall take precedence.
SUBSCRIPTIONS / PURCHASES
VIRTUAL ITEMS
TRIAL VERSIONS
USE RIGHTS; TERM; TERMINATION
PAYMENT
PART C OF THE TERMS OF SERVICE -
ADDITIONAL TERMS FOR U.S. USERS AND USERS OUTSIDE EUROPE
This Part C of the Terms of Service applies in addition to Part A and Part B of the Terms of Service if you use the Services from the United States and other locations outside of Europe. If there is a conflict between the provisions of this Part C of the Terms of Service and the provisions of Part A or Part B of the Terms of Service, the provisions of this Part C of the Terms of Service shall take precedence.
Indemnification
Governing Law and Dispute Resolution
Disclaimer of Warranties and Limitation of Liability
Digital Millennium Copyright Act
See 17 U.S.C 512(c)(3) for further detail. To expedite our ability to process your request, such written notice may be sent to our designated agent via our online copyright complaint form below. You will need a Maple Media account in order to utilize this tool:
Copyright Complaint Webform
You acknowledge that if you fail to comply with all of the requirements of this Section 4. Copyright Notices and the Digital Millennium Copyright Act, your copyright notice may not be valid.
Post: |
Copyright Agent, Maple Media Copyright Team 1510 Fashion Island Blvd #300 San Mateo, CA 94404 USA |
Email: | [email protected] |
PART D OF THE TERMS OF SERVICE -
ADDITIONAL TERMS FOR EUROPEAN USERS
This Part D of the Terms of Service ("Additional Terms for European Users") applies in addition to Part A and Part B of the Terms of Service if you use the Services from Europe. If there is a conflict between the provisions of this Part D of the Terms of Service and the provisions of Part A or Part B of the Terms of Service, the provisions of this Part D of the Terms of Service shall take precedence.
Reservation of Changes
If we notify you of an amendment to the Terms of Services as set forth in Section 14.1 in Part A of the Terms of Service, you may then object to this amendment by sending an email to [email protected] within thirty (30) days of receipt of the notice of change. If you fail to object within the deadline or continue to use the Services after receipt of the notice of change, the amended provisions shall be deemed to be accepted. You will be informed about this legal consequence separately in the notice of change.
Limitation of Liability
DISPUTE RESOLUTION
Maple Media is neither willing nor obligated to participate in a dispute resolution proceeding before a consumer arbitration board.
WITHDRAWAL RIGHT
If you are a consumer, then you have the following withdrawal right. ‘Consumer’ means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Please note that any refunds or reimbursements to which you may be entitled must be obtained from the respective Online Store provider through which you made your purchase or payment, using the procedures specified by the Online Store provider.
Withdrawal right for services
Right of Withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the agreement.
To exercise the right of withdrawal, you must inform us (Maple Media, 1510 Fashion Island Blvd #300 San Mateo, CA 94404 USA; [email protected]) of your decision to withdraw from this agreement by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated with us your withdrawal from this agreement, in comparison with the full coverage of the agreement.
Withdrawal rights for digital content
Right of Withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the agreement.
To exercise the right of withdrawal, you must inform us (Maple Media, 1510 Fashion Island Blvd #300 San Mateo, CA 94404 USA; [email protected]) of your decision to withdraw from this agreement by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw form this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Expiry of withdrawal right
For a contract to deliver services, the right to withdraw shall expire when we have provided the full service and did not start carrying out the service before you have given your express consent and also acknowledged that you will lose your right to withdraw upon complete contract fulfilment by Maple Media.
For a contract on delivery of digital contents not on a tangible medium, the right to withdraw shall expire also once we have started to carry out the contract, after you have given your express consent and acknowledged that you will lose your right to withdraw once we start carrying out the performance under the contract.
Model withdrawal form
***Complete and return this form only if you wish to withdraw from the agreement***
To
Maple Media LLC, 1510 Fashion Island Blvd #300 San Mateo, CA 94404 USA
[email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is notified on paper)
Date