Date of Last Revision: July 14, 2023

These Terms of Service, as well as our Copyright Policy and all other operating rules, policies and guidelines set out on the the websites (including at https://help.The Culture Play.fm/hc/en-us) or other The Culture Play-operated webpages, or otherwise notified to you (“Policies”), each of which is incorporated by reference (collectively the “Terms”), govern your access to and use of the The Culture Play websites, Monetization Services, The Culture Play Content (defined below), APIs, email notifications, applications, buttons, widgets, ads and other services (collectively, the “Services”) provided by The Culture Play (“The Culture Media, LLC.”, “we”, “us”, or “our” means: (a) if you are an entity organized under or otherwise subject to the laws of the United States of America: The Culture Media, LLC. USA Inc., a Florida Corporation with offices at 414 north Ferncreek Ave Orlando, Fl; 32803; or (b) if you are an entity organized under or otherwise subject to the laws of any country outside of the United States of America: The Culture Media, LLC. Use the same address above. By clicking “Sign up” or by using our Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.

Explainer: Your agreement is with The Culture Media, LLC.. The service is still called The Culture Play and we’re still the easiest way to make a podcast.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 14 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

To assist you with your review of the agreement, we provide at the end of most sections of these Terms a short, very high-level “Explainer” of some of the key concepts from that section. These Explainers are included for reference purposes only, do not necessarily explain all key points in the Terms, do not constitute contractual terms and are not a substitute for reading the actual contractual terms; the Explainers will not affect the meaning or interpretation of these Terms, and, in all cases, the substantive language of these Terms (and not any Explainer) will govern and take priority over any summary.

We reserve the right to modify or otherwise change these Terms at any time by posting the updated Terms to our website(s) or through a notice provided through the Services, via e-mail or by another appropriate means of electronic communication. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Unless we say otherwise in our notice, the updated Terms will be effective immediately, and your continued access to or use of our Services after we post the updated Terms or provide other notice of such updated Terms will confirm your acceptance of the changes. If you do not agree to the updated Terms, you must stop accessing and using our Services.

We also reserve the right to modify or discontinue, temporarily or permanently, or suspend the Services (or any part thereof) with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of Services.

1.Eligibility

In order to access or use the Services, you need to (a) be at or above the age of majority in your province, state, territory or country (often, but not always, 18 years old), or be 13 years or older and have your parent or legal guardian consent to these Terms on your and their behalf; and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to The Culture Media, LLC. is true, accurate, and complete, and you agree to keep it that way at all times. You must notify us immediately of any change in your eligibility to use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change these eligibility criteria at any time.

Explainer: You cannot use The Culture Play if you are under 13 years old. If you are 13 years or older but under the age of majority (e.g. often 18 years of age), you need parental/guardian consent to use The Culture Play.

2.Registration

To use some aspects of the Services, you must register for an account (an “Account“). Registration data and certain other information about you and your Account are governed by our Privacy Policy. You will not: (a) select or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person (including, without limitation, copyrights or trademarks) other than you without appropriate authorization; or (c) use, as a username, a name that we reasonably consider is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. We will not be liable for any loss or damage arising from your failure to comply with this Section. You will have the ability to delete your Account, either by following the instructions on the Services or by contacting us via our help page.

Explainer: You are responsible for keeping your Account details secure, and you need to notify us of any unauthorized use of your Account. When choosing a username, please be respectful and only choose one you are authorized to use.

3.Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, and including The Culture Play Content (defined below), are owned by The Culture Media, LLC. or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

4.User Content

All information, materials and other content, other than The Culture Play Content, that is added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity who so added, created, uploaded, submitted, distributed, or posted such User Content on the Services. For the purpose of these Terms, “The Culture Play Content” means any audio, music, videos or other content or material that is made available to you or other users by the The Culture Play platform, including through the use of its tools.

You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations, including, but not limited to, copyright laws. You acknowledge that your access to all User Content and The Culture Play Content through the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not pre-screen User Content and do not guarantee that any User Content you access on or through the Services is or will continue to be accurate.

We do not guarantee that any User Content or The Culture Play Content will be made available through the Services. You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that User Content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any User Content maintained or uploaded by the Services. We reserve the right to, but do not have any obligation to, (a) remove any User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms), or for no reason at all and (b) to remove or block any User Content from the Services.

Explainer: You’re responsible for making sure the content you create or post on The Culture Play does not breach any laws or regulations, and does not infringe on anyone else’s rights.

5.Rights you grant to us

You retain ownership of your User Content. Using The Culture Play does not cause you to lose ownership of your content.

Explainer: You own your content. The Culture Play prides itself on empowering creators, and we have no intention to take ownership of your content in any way.

In order to host and assist you in monetizing your User Content, we do need to obtain certain non-exclusive rights from you. By submitting User Content, including any Provided Content (defined below), through the Services, you hereby grant to us a non-exclusive license to use, edit, modify, create derivative works from (such as transcriptions of User Content), aggregate, reproduce, distribute, make available, transmit, display, and perform, the User Content in connection with the operation of the Services, the promotion, advertising or marketing of the Services, and the operation of The Culture Media, LLC.’s (and its successors’ and affiliates’) business. This license is worldwide, royalty-free, sublicensable (through multiple tiers) and transferable.

Explainer: In order to use The Culture Play, you are giving us permission to use, host, and distribute the content you create. For example, this license allows us to syndicate your content to other platforms, so that your audience can hear your podcast anywhere they choose. We believe strongly in creators’ rights, and in no way does this license take away the ownership rights you have in your content.

You agree that this license includes, without limitation, the right for The Culture Media, LLC. to provide, promote, and improve the Services. We may also use this license to make User Content available to other companies, organizations or individuals who partner with The Culture Media, LLC. for the syndication, broadcast, distribution, transmission or publication of such User Content on other media and services.

Explainer: One of the best parts of The Culture Play is the ability to create in one place and optionally let us handle the hassle of distributing your podcast everywhere. This language allows us to distribute your content on your behalf, so that you can focus on creating and leave the technical headache of podcast distribution to us. You are also welcome to distribute your podcast to other platforms manually if you prefer.

For the avoidance of doubt, such license includes any and all rights in or to the User Content, including, without limitation, copyright, rights of privacy or rights of publicity. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or rights, such as your right to be identified as the author of your User Content, including Feedback, and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on or in connection with the Service.

You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You also agree that, if you create your User Content with one or more collaborators, you will ensure that each such collaborator either (a) has an Account and has agreed to these Terms or (b) has granted to you all of the rights that you need in order for you to grant the licenses that you grant to us herein in such User Content.

Explainer: By using The Culture Play, you are representing that your User Content does not infringe anyone else’s rights, and you are granting us the rights we need to provide the Services, including to share your User Content on The Culture Play and other distribution platforms.

6.Provided Content

The Services may include features that allow other users and/or listeners to create User Content that is provided to you for use in connection with your User Content, such as through the “Voice Messages” and “Record with Friends” features (“Provided Content”). If your User Content makes use of or includes any Provided Content, or any other content created by any third party, you represent and warrant that you have all rights and permissions necessary to grant the licenses granted in Section 5(a) above.

If you create, contribute content for, produce, record, participate in, contribute to, share or otherwise assist in creating any Provided Content for use by another user’s Account, you grant to such user a non-exclusive license to use, edit, modify, create derivative works from (including transcriptions of Provided Content), aggregate, reproduce, distribute, make available, transmit, display, and perform the Provided Content in connection with the operation of the Services, promotion, advertising or marketing of the Services, and the operation of The Culture Media, LLC.’s (and its successors’ and affiliates’) business. This license is worldwide, royalty-free, sublicensable (through multiple tiers) and transferable. You acknowledge and understand that any sharing of Provided Content with one or more other users is voluntary, and the recipient of any Provided Content has no obligation to incorporate or otherwise use such Provided Content in their User Content. You also agree that, if another user decides to use your Provided Content in connection with such user’s User Content, this does not result in you acquiring an ownership interest in such User Content.

Explainer: If you provide any content for use in connection with another person’s User Content, you give them the right to use that content. If you receive any content from another person and incorporate that into your User Content, you must ensure you have all necessary permissions to use it.

7.Feedback

If you provide feedback, ideas or suggestions to The Culture Media, LLC. in connection with the Service or ( “Feedback” ), you acknowledge that the Feedback is not confidential and you authorize The Culture Media, LLC. to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

Explainer: We love when our users give feedback or propose ideas. We encourage you to do so! We just ask that you be aware that while we may follow through on your proposals, they are not confidential, and we unfortunately can’t pay you for them.

8.User Guidelines

Objectionable Content. The Culture Media, LLC. respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Services or submitting User Content to the Service, to make sure the Service stays enjoyable for everyone. The current rules are listed below, but these may be updated, or we may provide you with additional rules, from time to time. You agree to follow these rules.

The following is not permitted for any reason whatsoever:

1. 1. copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Services or User Content, or otherwise making any use of the Services or User Content which is not expressly permitted under the Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or User Content or any part of it;
   2. using the Services to distribute, reproduce, record, perform or display any music content for which you do not have all necessary rights;
   3. using the Services to import or copy any local files you do not have the legal right to import or copy in this way;
   4. transferring copies of cached User Content or The Culture Play Content from an authorized terminal device to any other device via any means;
   5. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Services or User Content or any part thereof unless permitted by applicable law;
   6. circumventing any technology used by The Culture Media, LLC., its licensors, or any third party to protect The Culture Media, LLC., the Services or User Content;
   7. selling, renting, sub-licensing or leasing of any part of the Services or User Content;
   8. circumventing any territorial restrictions applied by The Culture Media, LLC. or its licensors;
   9. manipulating the Services by using a script or other automated process;
   10. taking any action that imposes an unreasonable load on the Services;
   11. removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any User Content);
   12. “crawling” the Services or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from The Culture Media, LLC. or the Services, provided that, and subject to compliance with any instructions posted in the robots.txt file located in the root directory associated with the Services, The Culture Media, LLC. (i) grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials (excluding the audio content included within an audio file), but not caches or archives of such materials, and (ii) reserves the right to revoke such permission at any time and without notice;
   13. framing or linking to any of the materials or information available on The Culture Media, LLC.’s website or the Services; or
   14. deleting or altering any The Culture Play Content, or any material The Culture Media, LLC. or any other user makes available on the Services;

Please respect The Culture Media, LLC., the owners of the User Content, yourself, and other users of the Services. Don’t engage in any activity, submit any User Content, or register and/or use a username, which is or includes material that:

1. would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;
2. is offensive, abusive, defamatory, pornographic, threatening, obscene, or advocates or incites violence;
3. is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of The Culture Media, LLC. or a third party;
4. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
5. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;
6. is intended to or does harass or bully other users;
7. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
8. artificially promotes content;
9. involves the transmission of unsolicited mass or commercial electronic mail or text messages or other forms of spam;
10. involves commercial or sales activities or pyramid schemes, that are not expressly authorized by The Culture Media, LLC.;
11. exposes confidential or proprietary information of a third party or personal information about yourself that you do not wish to make available to people around the world;
12. interferes with or in any way disrupts the Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or The Culture Media, LLC.’s computer systems, network, usage rules, or any of The Culture Media, LLC.’s security components, authentication measures or any other protection measures applicable to the Services, the User Content or any part thereof; or
13. conflicts with the Terms, as determined by The Culture Media, LLC., collectively (“Objectionable Content”).

You agree that you will not assist any person in engaging, or permit or encourage any person to engage, in any Objectionable Content.

You acknowledge and agree that posting any Objectionable Content may result in immediate termination or suspension of your The Culture Play account. The Culture Media, LLC. may also reclaim your username for any reason, including, but not limited to, for the purpose of giving your username to another user of the Services, and The Culture Media, LLC. will have no liability to you if it does so. The Culture Media, LLC. has a set of The Culture Play Community Guidelines that further govern the conduct of all users of the Service. You will also comply with other such guidelines incorporated herein by reference.

Please be thoughtful about how you use the Services and what you submit. The Services include the ability to post User Content and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on the Services or across the web, and may live on in perpetuity once posted, so please submit User Content on the Services carefully. The Culture Media, LLC. has no responsibility for your choices to post User Content on the Services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Explainer: There are various types of content that are strictly forbidden on The Culture Play, like content that is stolen, dangerous, abusive, harmful, or illegal. Use common sense and you’ll be fine!

9.Trademarks

The “The Culture Play” and “The Culture Media, LLC.” name and logos are trademarks and service or brand identifier’s marks of The Culture Media, LLC. (collectively the “The Culture Media, LLC. Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us.

Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Culture Media, LLC. Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of The Culture Media, LLC. Trademarks will inure to our exclusive benefit.

Explainer: You must not use any The Culture Media, LLC. Trademarks (including the “The Culture Play” name and logo) without written permission from The Culture Media, LLC..

10.Third Party Services

The Services may permit you to link to other websites, online services or resources, and other websites, online services or resources may contain links to the Services. When you access third party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.

You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such third party website, online service or resource.

Explainer: We do not review or monitor external links put in The Culture Play content. Please be careful when clicking any link to the outside world, and please be mindful of which links you add to your own content.

11.Monetization Services

The Services may include certain tools to help you develop, launch, operate and market your User Content for the purpose of monetizing and enabling you to collect money through your usage of the Services, such as the “Listener Support” and “Sponsorships” features, (collectively, the “Monetization Services”). We may implement additional operating rules, policies and procedures relating to the use of Monetization Services from time to time, by posting them to our website(s) or through a notice provided through the Services, via e-mail or by another appropriate means of electronic communication. Such rules, policies and procedures, in addition to these Terms, will govern your access to and use of the Monetization Services. To the extent you use Monetization Services in connection with your User Content, such User Content will become “Monetized Content”.

You acknowledge that you may be required to have an account with our third party payment providers in order to use the Monetization Services. Your use of any such third party payment providers is subject to such provider’s terms of use and privacy policy. If you are located outside the United States of America, some or all of the Monetization Services may be unavailable.

Explainer: The Culture Play has tools that will help you make money off your content, if you’re eligible.

12.Sponsorships

The Monetization Services may enable you to opt in to the Sponsorships feature, by inserting one or more segments into your User Content to be sponsored by a third party that chooses to advertise with The Culture Play (such third party being a “Sponsor”). If you choose to use the Sponsorships feature, you acknowledge that there is no guarantee of being connected with any Sponsors or receiving any sponsorship for such segments.

If you accept a Sponsor’s request to support a segment through the Services (such segment being a “Sponsored Segment”), you must record the Sponsored Segment in accordance with these Terms and any additional requirements or obligations a Sponsor may impose in connection with your Monetized Content, including but not limited to, attribution or promotional obligations (“Sponsored Requirements”). To the extent any Sponsor Requirements conflict with these Terms, you must comply with these Terms.

You are in no way precluded from monetizing your User Content in ways other than the usage of the Monetization Services. If you do monetize your User Content outside of the Monetization Services, please note that you are still responsible for using the Services in a way that complies with these Terms.

You will be entitled to receive revenue based on the number of impressions of a Sponsored Segment, as measured by The Culture Play based on data received from its own metrics and those of all applicable podcast distributors. Revenue collected from Sponsors of your Monetized Content will be distributed to your Account in accordance with the Fee Schedule as it relates to payments from Sponsors.

Explainer: Using our Sponsorships feature, you may be able to add ad segments into your podcasts and earn revenue based on the number of impressions. You are always free to monetize your show in your own way, if you prefer not to use Sponsorships.

13.Embedded Advertising

You will ensure that all advertising or sponsorship messages contained in your User Content provided through the Monetization Services, comply with The Culture Media, LLC.’s Advertising Editorial Policies, which may be updated from time to time and which are currently located at https://www.The Culture Media/legal.com, , or a successor link. Notwithstanding the foregoing, you acknowledge that advertising and/or sponsorship messages submitted through the Monetization Services containing pornographic content, or for firearms, ammunition, weapons, cigarettes, tobacco or e-cigarettes, or that relate to political or religious organizations or paid advertising for any competitive music or audio streaming services, is not permitted. No data provided by The Culture Media, LLC. or acquired by you in relation to usage of the User Content on the Services may be used for the purposes of targeting for advertisers. You shall not use the “The Culture Media, LLC.” name or brand marks, including the “The Culture Play” name or brand marks, in any advertising sales collateral without prior approval from The Culture Media, LLC.. The Culture Media, LLC. reserves the right to remove any User Content that contains any embedded advertising and/or sponsorship messages that do not comply with these Terms. You agree that cookies may only be used in and/or in relation to the User Content to improve the user experience.

Explainer: We have some restrictions on the types of advertising you can embed into your podcasts.

14.Listener Support

The Monetization Services may enable you to accept financial contributions from listeners who subscribe to your User Content through the Listener Support feature (“Subscribers”). You acknowledge that Subscriber support is voluntary and may be cancelled at any time, and that you have no right to any future amounts from Subscribers.

If you are a Subscriber to any User Content, you acknowledge that we use a third party payment provider to process all payments, and that you are subject to such provider’s terms of use and privacy policy when you interact with that provider. Your support through the Listener Support feature is voluntary, and you may cancel your subscription for any User Content by following the instructions provided to you when you subscribed to that User Content, or otherwise as set out on our website(s). You further acknowledge that your support of User Content as a Subscriber does not grant you any rights in User Content.

Explainer: Listeners may be able to subscribe to content through our ‘Listener Support’ feature. If you use this feature to support content, you can cancel your subscription at any time.

15.Fees and Payment

The amount of revenue or financial support earned through your use of the Monetization Services may be subject to certain fees retained by The Culture Media, LLC. in accordance with the applicable sections of the Fee Schedule. Variations or changes to the Fee Schedule as they pertain to your usage of the Monetization Services may be agreed upon from time to time with The Culture Media, LLC. in writing. The Culture Media, LLC. reserves the right to charge you a portion of any costs of any chargeback or credit card fees or mobile platform fees that The Culture Media, LLC. incurs in connection with its management of your Monetized Content or your usage of the Monetization Services. Without limiting anything herein to the contrary, The Culture Media, LLC. also reserves the right to change the Fee Schedule from time to time, with reasonable prior notice to you in writing. Fees may be withdrawn from revenue prior to it becoming available to you. The ability to withdraw revenue may be delayed before it becomes available to you, or may be subject to other restrictions such as minimum amount withdrawal thresholds.

Unless stated otherwise, the amounts to be paid under this Agreement are exclusive of VAT, GST, HST, sales taxes or other similar taxes, duties, charges or assessments (“Indirect taxes“). Indirect taxes will be added on top of agreed amounts as per local legislation. Each party shall be solely responsible for payment of all Indirect taxes it is legally obliged to pay arising as a result of this Agreement or otherwise. Further each party shall be solely responsible for collection and remittance of all Indirect taxes it is legally obliged to collect and remit. Each party shall be solely responsible for payment of any tax assessed on its income. The Parties acknowledge that as of the Effective Date and to the best of their knowledge, there is no withholding tax applicable to payments due under this Agreement. In case the local law and /or changing in the law requires the application of withholding tax, both parties will work together to mitigate it..The parties further acknowledge that they will collect all relevant documentation needed in the event of a tax audit.

Explainer: If you monetize your content through The Culture Play, your funds will be subject to certain fees and may be subject to taxes.

16.Suspension; Refunds

If The Culture Media, LLC. believes you are abusing the Monetization Services in any way, or are being negligent in your communication Subscribers, or believes that you are being negligent with your upkeep of the Monetized Content, The Culture Media, LLC. may, in its sole discretion and without limiting other remedies, limit, suspend, or terminate your Account(s) and access to the Monetization Services, delay or remove hosted content, remove any special status associated with your Account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the The Culture Media, LLC. Services. The Culture Media, LLC. reserves the right to, in its sole discretion, refund subscription fees paid by Subscribers to your Monetized Content or to your Account, and/or payments paid by Sponsors for your Monetized Content, in which case you shall reimburse The Culture Media, LLC. for such refund payments. To the extent that you fail to reimburse such payments to The Culture Media, LLC., you hereby agree that The Culture Media, LLC. may offset such refund payments to Subscribers or Sponsors against subsequent payments required to be made to you by Subscribers through the Monetization Services.

Explainer: We have the right to suspend or terminate your account if we think you are misusing the monetization features.

17.Monetization Services

You are solely responsible for your Monetized Content and your usage of the Monetization Services and compliance with any laws or regulations related to them, including without limitation, the following:

1. Any claims or warranties you make in connection with the Monetization Services and any claims made by other users against you as they relate to the Monetized Content or your usage of the Monetization Services;
2. Handling any comments or complaints related to your usage of the Monetization Services, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information to Subscribers so that they can submit comments or complaints;
3. Compliance with any consumer, securities and related laws and regulations; and
4. Any claims arising out of your disparagement of Sponsors in your User Content, including any Monetized Content.

Explainer: By monetizing your content, you are responsible for complying with applicable laws and responding to complaints related to that content.

18.No Obligation to Examine Monetized Content.

You acknowledge and agree that The Culture Media, LLC. is not responsible for examining or warranting the Monetized Content through the Monetization Services, and you will not attempt to hold The Culture Media, LLC. or The Culture Media, LLC.’s third party service providers liable for inaccuracies. You shall ensure that all Monetized Content and other content and information directly associated with your usage of the Monetization Services is accurate. You further acknowledge and agree that, while The Culture Media, LLC. has no obligation to do so, The Culture Media, LLC. may monitor, review, revise, modify, analyze, evaluate, obfuscate or delete the Monetized Content, including any data or content associated with the Monetized Content, to, among other things, supplement, remove or correct information, in its sole discretion, as well as to provide you with optional recommendations to consider when creating and operating the Monetized Content.

19.User Guidelines

The restrictions in Section 6 above (User Guidelines) apply to your use of the Monetization Services and all Monetized Content.

20.Termination

We may terminate your access to all or any part of the Services at any time, for any reason, which may result in the forfeiture and destruction of all information, including User Content, associated with your Account. You agree that we will not be liable to you or any third party, including Sponsors associated with your use of the Monetization Services, for any termination of your access to or use of the Services.

If you wish to terminate your Account, you may do so by contacting us via our help page.

All provisions of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Explainer: Common sense and generally being a nice person means you can use The Culture Play all you wish! But if we do terminate your account for any reason, we have the ability to do so without a guarantee that we will notify you.

21.Warranty Disclaimer

To the fullest extent permitted under applicable law:

We have no special relationship with you or fiduciary duty to you.

You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what content you access via the Services; or how you may interpret or use the content.

You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.

The Services are provided “AS IS”, “AS AVAILABLE” and without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We and our affiliates, and our and their officers, directors, shareholders, employees, agents, suppliers, partners and third-party content providers, and any successors or assigns, do not warrant and expressly disclaim that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements. your use of the Services is solely at your own risk.

Explainer: We do our best to build the best darn podcasting platform in the world. But we can’t make any guarantees. You agree we won’t be liable if it ever doesn’t work as intended, or if you come across content or users that you’re not happy with.

22.INDEMNIFICATION.

To the fullest extent permitted under applicable law: You will defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, directors, suppliers, partners, contractors, third-party licensors and representatives (the “Indemnified Parties”) from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (1) your breach, or alleged breach, of the Terms; (2) any User Content that you post or otherwise contribute or make available; (3) any activity in which you engage on or through the Services; (4) your violation of any law or the rights of a third party; and (5) any dispute you may have with another User or collaborator in connection with any User Content or use of the Services.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to involve The Culture Media, LLC. in any dispute you may have with another User or collaborator.

Explainer: If we ever get sued and it’s because you violated these terms or any rules or laws, or because you created content that caused someone else to sue us, you agree to reimburse us for the consequences of your misdeeds or that content.

23.Limitation of Liability

This Section 13 applies to the fullest extent permitted under applicable law:

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using the Service. you agree that The Culture Media, LLC. has no obligation or liability arising from or related to third party services made available through or in connection with the Services.

In no event will The Culture Media, LLC. and its affiliates, and its and their officers, directors, shareholders, employees, agents, suppliers, partners or third-party licensors, and any successors or assigns, be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Services, or third party services, regardless of legal theory, without regard to whether The Culture Media, LLC. has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Services more than the amounts paid by you to The Culture Media, LLC. during the prior twelve months in question.

Nothing in the Terms removes or limits The Culture Media, LLC.’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

You agree that any claim against The Culture Media, LLC. must be commenced (by filing a demand for arbitration under Section 14 or filing an individual action under Section 15(a) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Explainer: We have no intention of this ever happening, but if we do something that somehow causes you to suffer a financial loss, you agree to a limit on how much we are required to reimburse you.

24.Arbitration

All arbitration shall be handled in the state of the organization which is Florida and follow all state and federal rules.

25.Dispute resolution and arbitration

You and The Culture Media, LLC. agree that any dispute, claim, or controversy between you and The Culture Media, LLC. arising in connection with or relating in any way to these Terms or to your relationship with The Culture Media, LLC. as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and The Culture Media, LLC. further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

26.Exceptions

Notwithstanding the clause above Section 14(a), you and The Culture Media, LLC. both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

27.No Class or Representative Proceedings: Class Action Waiver

YOU AND THE CULTURE MEDIA, LLC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and The Culture Media, LLC. agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

28.Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and The Culture Media, LLC. will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and The Culture Media, LLC. agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. The Culture Media, LLC. can also help put you in touch with the AAA. Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If you choose to file an arbitration proceeding and you are required to pay a filing fee, The Culture Media, LLC. will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. The Culture Media, LLC. will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

29.Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). The Culture Media, LLC.’s address for Notice is: The Culture Media, LLC. USA Inc. Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or The Culture Media, LLC. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Culture Media, LLC. shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of The Culture Media, LLC.’s last written settlement offer, then The Culture Media, LLC. will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

30.Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any claim in court arising out of or related to these Terms.

Explainer: If you and The Culture Play ever have a disagreement (and we hope that never happens!), instead of facing the lengthy and expensive process of going to court, we agree to use the alternative dispute resolution process described here.

31.Miscellaneous

Any other issues will be handle accordingly to the state or rules that apply to such grievances.

32.Governing Law and Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the United States (including federal arbitration law) and the State of New York, United States of America, without regard to choice or conflicts of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms or otherwise not subject to arbitration will be subject to the exclusive jurisdiction and venue of the Southern District of New York.

33.New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (ii) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (iii) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (iv) the requirement that you indemnify The Culture Media, LLC. and the Indemnified Parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); (v) the limitation on your time for filing a claim against The Culture Media, LLC. hereunder, to the extent that such limitation in connection with a claim is shorter than the applicable limitation under New Jersey law; and (vi) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

34.Entire Agreement and Severability.

These Terms are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder

35.Force Majeure.

We will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

36.Personal

These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder, in whole or in part, without your consent and without notice to you.

37.Partnerships

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

38.Notices

Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to via our help page.

39.No Waiver.

Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

The Section and paragraph headings in these Terms are for convenience only and will not affect their interpretation.

1.Apple Devices and Application Terms

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and The Culture Media, LLC. only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.Contact

For customer support queries, please contact our customer service department using our customer support page at https://help.The Culture Play.com

3.India Grievance Mechanism

We have dedicated grievance mechanisms for India. Please contact us and provide all relevant information via the most appropriate mechanism below to reach the right support team directly and help us respond promptly. If you contact us via any other means, it may take us longer to receive and review your request.

4.Content support

If you believe any content on our platform does not comply with our user guidelines, violates applicable law, or infringes your rights, you can report the content here. Please do not use this mechanism to serve legal process or a regulatory notice.

5.Customer support

If you have any questions or concerns about your account or payments, please contact our customer service here. Please do not use this mechanism to submit requests relating to content on our platform.

6.Data protection support

If you have any questions about our privacy policy, please contact our Data Protection Officer by emailing privacy@The Culture Media, LLC..com or by writing to us at the address set out in our privacy policy.

7.Service of legal process or regulatory notices

If you wish to serve a summons, court order, or government notice in India on us, you must use the below email address. Please do not contact us via the below for other user inquiries that are better suited to the mechanisms described above.

Attention: Grievance Officer
Email: contact@The Culture Media, LLC..com