Podcast in a Box Terms of Use

1. Introduction

Welcome to Podcast in a Box ("PIB", "we", "us", or "our"). These Terms of Use govern your access to and use of the Podcast in a Box website, including any content, functionality, and services offered on or through podcastinabox.co (the "Website").

Please read these Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Definitions

For the purpose of these Terms of Use, the following terms shall have the meanings assigned to them below:

"Guests" refers to individuals who create profiles to be considered as podcast guests.
"Hosts" refers to individuals or entities who create profiles for their podcasts to find guests.
"Booking Agents" refers to individuals or entities who manage multiple Guests or Hosts.
"Users" refers collectively to Guests, Hosts, Booking Agents, and general visitors to the Website.
"Directory" refers to the guest and podcast listing service provided by PIB.
"Listing" refers to the profile information provided by Guests or Hosts for inclusion in the Directory.
"Premium Listing" refers to a paid listing with additional features as described in these Terms.

3. Eligibility and Registration

3.1 Age Restriction

You must be at least 13 years old to use this Website or to create a Listing in the Directory. By using this Website and/or creating a Listing, you represent and warrant that you are at least 13 years old.

3.2 Account Creation

To access certain features of the Website, including creating a Listing in the Directory, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3 User Types

PIB recognizes the following types of users:

Guests: Individuals who create profiles to be considered as podcast guests.
Hosts: Individuals or entities who create profiles for their podcasts to find guests.
Booking Agents: Individuals or entities who manage multiple Guests or Hosts.
General Visitors: Users who access the Website without creating a Listing.

4. Service Description

4.1 Overview of PIB Services

Podcast in a Box provides a platform for connecting podcast hosts with potential guests through our Directory service. We also offer podcast production and guest booking services, which are subject to separate terms and agreements.

4.2 Guest Directory Functionality

The Directory allows Guests and Hosts to create Listings containing information about themselves or their podcasts. Users can search and browse these Listings to find potential matches.

4.3 Matching Process

PIB facilitates connections between Guests and Hosts but does not directly arrange bookings. We may notify Guests when a new show that may interest them registers in our database, and we may do the same for Hosts when a Guest matching their criteria registers. PIB does not disclose contact information directly to either party but mediates initial contact between matched Guests and Hosts.

4.4 Communication

Users must remain subscribed to the PIB newsletter to receive notifications about potential matches. This newsletter is the primary method of communication for match notifications and service updates.

5. User Submissions and Content

5.1 Types of Content Allowed

Users may submit various types of content for their Listings, including but not limited to:

Biographical information
Headshot or profile picture
Links to personal websites or social media profiles
Introductory blurbs
One-sheet (PDF format)

5.2 Content Restrictions and Guidelines

All content submitted must adhere to the following guidelines:

Images must be PG-rated. No nudity (implied or explicit) is allowed.
Show listings may be up to R-rated.
No X-rated shows or listings are permitted under any circumstances.
Content must not be offensive, defamatory, or violate any applicable laws.
PIB reserves the right to determine what constitutes "offensive" content at its sole discretion.

5.3 Intellectual Property Rights

All intellectual property rights in the content submitted by users remain the exclusive property of the submitting party. By submitting content, you grant PIB a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content on the Website for the purpose of providing and promoting the Directory service.

6. User Conduct and Responsibilities

6.1 Professional Behavior Expectations

Users are expected to maintain professional conduct at all times when using the PIB service. This includes interactions with other users, communication through the platform, and behavior when participating in podcasts arranged through PIB.

6.2 Communication Guidelines

Users must adhere to the following communication guidelines:

No unsolicited contact with other users outside of the PIB platform, including via social media or offline methods.
No dating or solicitation messages. Such behavior will result in an immediate ban.
All communication must be respectful and professional.

6.3 Prohibited Activities

The following activities are strictly prohibited and may result in account termination:

Harassment or abuse of other users
Misrepresentation of self or clients
Spamming or sending unsolicited promotional content
Attempting to circumvent the PIB matching system
Any illegal activities or promotion of illegal content

7. Premium and Free Listings

7.1 Types of Listings

PIB offers two types of listings:

Free Listings: Basic profiles that can receive incoming requests and respond to open requests via the newsletter.
Premium Listings: Enhanced profiles that allow for direct outreach and additional features.

7.2 Fees and Payment Terms

Premium Listing fees are as follows:

Hosts: $500 per year
Guests: $300 per year

All fees are paid in advance for a one-year subscription period. PIB reserves the right to offer trial periods or discounted rates from time to time.

7.3 Refund Policy

No refunds will be provided for Premium Listings except where mandated by law. In the event that PIB removes a paid listing due to violation of these Terms of Use, a prorated refund may be issued for the remaining time in the subscription period, at PIB's discretion.

7.4 Premium Features

Premium Listings include the following features:

Ability to make direct outreach to other users
Up to 10 outgoing credits per month for contacting potential matches
Enhanced visibility in search results
Additional profile customization options

8. Booking Agents

8.1 Special Provisions for Booking Agents

Booking Agents who represent multiple shows or guests must adhere to the following provisions:

Agents must disclose their status as a Booking Agent when creating an account.
Agents cannot create multiple individual profiles for different clients.
All profiles must be created by the person they represent, not the Booking Agent.

8.2 Booking Agent Fees and Account Management

Booking Agents are subject to the following terms:

Annual fee of $300 to manage up to 10 shows or guests.
All shows and guests managed by a Booking Agent receive Premium Listing status.
Access to a member's area for managing client listings.

8.3 Executive Assistants

Executive assistants are permitted to create profiles on behalf of their employers. However, they must clearly indicate that they are doing so in an assistant capacity and provide accurate information about the person they are representing.

9. Communication and Notifications

9.1 Newsletter Subscription

All users must remain subscribed to the PIB newsletter to receive notifications about potential matches and service updates. This newsletter is an integral part of the PIB service and is the primary method of communication for match notifications.

9.2 Email Communications

PIB will communicate with users via email for the following purposes:

Sending the weekly newsletter
Notifying guests about potentially interested hosts
Notifying hosts about potentially interested guests
Facilitating initial contact between matched parties
Providing important service updates or announcements

9.3 Outreach Credits for Premium Listings

Users with Premium Listings are allocated 10 outgoing credits per month. These credits allow for direct outreach to other users within the PIB platform. Unused credits do not roll over to the next month.

9.4 Communication Preferences

By using the PIB service, you agree to receive the communications outlined in this section. You may manage your email preferences for non-essential communications, but agreeing to receive match notifications and service-related emails is a condition of using the PIB service.

10. Termination and Account Removal

10.1 Grounds for Termination

PIB reserves the right to terminate or suspend your account and access to the service at our sole discretion, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users, PIB, or third parties, or for any other reason. Grounds for termination may include, but are not limited to:

Violation of these Terms of Use
Abuse of the PIB system or other users
Unprofessional behavior when booked on shows
Repeated member complaints
Misrepresentation of self or clients
Failure to maintain active newsletter subscription

10.2 Process for Account Removal

Users may request removal of their account and listings at any time by:

Using the account deletion option in their personal profile settings
Contacting our support team at support@podcastinabox.co

Upon receipt of a removal request, PIB will process the request within a reasonable timeframe and confirm the account deletion via email.

10.3 Refunds for Paid Listings Upon Removal

If PIB terminates a paid listing due to violation of these Terms of Use, a prorated refund may be issued for the remaining time in the subscription period, at PIB's discretion. No refunds will be issued for user-initiated account removals unless required by law.

10.4 Data Retention

Upon account removal, PIB will delete or de-identify personal information associated with the account in accordance with our Privacy Policy and applicable laws. Some information may be retained for legal, financial, or security purposes.

11. Limitation of Liability

11.1 Scope of PIB's Responsibilities

PIB's responsibilities are limited to:

Providing the platform for users to create and manage listings
Facilitating initial connections between guests and hosts
Maintaining the functionality and security of the Website

PIB does not take responsibility for:

The actions or conduct of guests or hosts
The content of podcasts or interviews arranged through our service
The screening criteria used by hosts or guests
Any disputes arising between users of our service

11.2 Disclaimer of Warranties

The PIB service is provided on an "as is" and "as available" basis. PIB makes no representations or warranties of any kind, express or implied, as to the operation of the service or the information, content, materials, or products included on the Website.

To the full extent permissible by law, PIB disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. PIB does not warrant that the Website, its servers, or e-mail sent from PIB are free of viruses or other harmful components.

11.3 Limitation of Liability

PIB will not be liable for any damages of any kind arising from the use of the service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

12. Third-Party Links and Services

12.1 External Links

The PIB Website may contain links to third-party websites or services that are not owned or controlled by PIB. These may include, but are not limited to:

Links to guests' personal websites or social media profiles
Links to hosts' podcast websites or distribution platforms
General reference links to external resources

12.2 Disclaimer for External Links

PIB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that PIB shall 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 content, goods, or services available on or through any such websites or services.

12.3 Links to Affiliated Services

The Website may also contain links to other services within the PIB family of products, including but not limited to:

Guesting for Profit (G4P)
Practice Growth Formula (PGF)
NBS Media

While these services are affiliated with PIB, they may have their own terms of service and privacy policies. Use of these affiliated services is subject to their respective terms and conditions.

13. Intellectual Property

13.1 PIB's Intellectual Property

The PIB Website and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Podcast in a Box and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Podcast in a Box.

13.2 User's Retention of Rights to Submitted Content

Users retain all ownership rights to the content they submit to PIB. However, by submitting content to PIB, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed.

13.3 Removal of User Content

Users may request the removal of their content at any time by deleting it through their personal profile or by contacting our support team at support@podcastinabox.co. Upon receiving such a request, PIB will remove the content within a reasonable timeframe, except where retention is necessary for legal, administrative, or security purposes.

13.4 Copyright Infringement

If you believe that any content on the PIB Website infringes upon your copyright, please contact us at support@podcastinabox.co with information including:

A description of the copyrighted work you claim has been infringed
The location on our Website of the allegedly infringing material
Your contact information
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

14. Privacy and Data Protection

14.1 Privacy Policy

Your use of the PIB Website and services is also governed by our Privacy Policy, which can be found at https://podcastinabox.co/privacy. Please review this policy to understand our practices regarding the collection, use, and disclosure of your personal information.

14.2 Data Usage

PIB collects and uses personal information for the following purposes:

To provide and maintain our service
To notify you about changes to our service
To allow you to participate in interactive features of our service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our service
To monitor the usage of our service
To detect, prevent and address technical issues
To fulfill any other purpose for which you provide it

14.3 Data Protection

PIB implements appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website.

14.4 Third-Party Data Processors

PIB may employ third-party companies and individuals to facilitate our service, provide the service on our behalf, perform service-related tasks, or assist us in analyzing how our service is used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

15. Modifications to Terms or Services

15.1 Updates to Terms of Use

PIB reserves the right to modify or replace these Terms of Use at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15.2 Notification of Changes

We will notify users of any changes to these Terms of Use by:

Sending an email to the address associated with your account
Posting a notice on the PIB Website
Including a notification in the PIB newsletter

15.3 Continued Use

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service and delete your account.

15.4 Service Modifications

PIB reserves the right to modify, suspend, or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that PIB will not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the PIB service shall be resolved through the following process:

Informal Negotiation: We encourage users to contact us first to attempt to resolve any disputes informally.
Formal Resolution: If informal negotiations fail, any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, breach, or termination thereof, shall be resolved by PIB at its sole discretion.

16.3 PIB's Discretion in Service Management

You acknowledge and agree that PIB has the right to manage its service in a manner it sees fit, and this includes the right to remove content, suspend accounts, or take other actions that PIB deems necessary to maintain the integrity and smooth operation of its service.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17.2 Waiver

The failure of PIB to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

17.3 Entire Agreement

These Terms of Use, together with the Privacy Policy and any other legal notices published by PIB on the Website, shall constitute the entire agreement between you and PIB concerning the service. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.

17.4 Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without PIB's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. PIB may assign or transfer these Terms of Use, at its sole discretion, without restriction.

17.5 Contact Information

If you have any questions about these Terms of Use, please contact us at:

Podcast in a Box
Email: support@podcastinabox.co
Website: https://podcastinabox.co

Last updated: September 11, 2024