Terms and Conditions of Use / Service

TERMS OF USE

 

Terms of Use

Effective Date: March 26th, 2015

  1. Your Agreement with EMPO

These terms make up an agreement between EMPOWER Radio LTD., any individuals or companies affiliated with or which succeed it (“EMPO”), and you. These Terms apply to your use of the EMPO website, service applications, products and content provided by EMPO (the “EMPO Services”), globally, in existence now or in the future. You acknowledge that prior to using the EMPO Services you have read these Terms carefully and agree to be bound by them. These Terms control your use of the EMPO Services even if they are inconsistent with other information you have read. Please don’t use EMPO Services if you don’t agree with these Terms (as well as all other policies and rules that EMPO has posted on its website or provided to you).

You further acknowledge that these Terms may be amended. If this occurs, EMPO will give you reasonable advance notice on the EMPO website so that you can review the amendments and terminate your account within the notice period if you don’t agree to them. If you don’t terminate your account by the time the amendments go into effect, your continued use of the EMPO Services will be subject to the amended Terms.

You also acknowledge that if you are using the EMPO Services, you are not a child (in other words, you are over the age of 13) and agree that your use of the EMPO Services will not violate any law or regulation. If you are a child below the age of 13, consider yourself lucky because you can stop reading now (since EMPO does not allow you to use EMPO Services and will terminate your profile and registration when it discovers that you are too young to be here). EMPO will also terminate the profile and services of anyone who violates these Terms.

In brief…

By using EMPOWERONE.com you agree to the terms below.

  1. Your Account with EMPO

Before using EMPO Services, you will need to register with EMPO and give us some basic background information. Your registration constitutes an acknowledgement that you will use the EMPO Services for your own personal purposes. If you want to use the EMPO Services for commercial purposes, you will have to sign up for our Revenue Engine (which provides a very easy way to make money on your podcasts distributed using the EMPO platform). You also agree that you will not copy or distribute the EMPO Services in any medium unless we know about it and you use our technology to do so.

We hope that you are interested in using our services because you like the EMPO platform. That being said, you agree not to alter or change the EMPO Services other than as needed to make them work for you. Your registration with EMPO and use of the EMPO Services allows us to include your user name and descriptions of Your Content (as defined below) in a directory or promotions on the EMPO website, and to display visual material simultaneously with the delivery of Your Content if it is transmitted audibly.

As a company committed to improving the world of podcasting, we strive to create innovations that make a difference in our users’ lives and have gone to great lengths to deliver them. If you are in a business similar to EMPO’s, please do not register for the EMPO Services. By registering with us or continuing to use the EMPO Services, you acknowledge that you are not a contractor, or an affiliate, employee or owner of a podcast hosting, streaming, syndication, measurement, or monetization service provider. You also acknowledge and agree that you will not disclose information to other parties about EMPO’s business processes and technologies, and that you will not attempt to recreate EMPO’s business processes and technologies for the purpose of engaging in or offering a service similar to EMPO’s.

In brief…

You need to create your own account to use EMPOWERONE.com and you promise not to try to break EMPOWERONE.com or extract information other than through sanctioned channels.

  1. Basic EMPO Services are Free!

Believe it or not, unless you are using EMPO’s premium services, your non-commercial use of the basic EMPO Services is free. If we ever decide to charge you in the future for basic EMPO Services, we will let you know ahead of time. If you are interested in using EMPO’s premium services for a fee, please click here.

In brief…

Most basic services are free. Really.

  1. Creation and Transmission of Podcasts

EMPO enables you to set up a host channel and create audio webcasts and/or podcasts, and metadata and supporting content, including audio files, video files, text and images (collectively, “Your Content”), which are transmitted using EMPO’s audio webcasting, hosting and syndication platform. EMPO continually works to improve the technology used to deliver the EMPO Services, and will notify you of changes to the way you create and submit Your Content by posting them on the EMPO website.

In brief…

The EmpowerOneRadio platform helps you with all the technical aspects of hosting managing and distributing your podcasts. We will keep improving our services for you.

  1. Syndication

EMPO facilitates the syndication of its users’ podcasts by creating RSS Feeds via Atom/RSS or other similar protocols (the “EMPO RSS Feeds”). Once you set up a EMPO account, EMPO will create a EMPO RSS Feed of Your Content that you may use as a means to syndicate Your Content to channels like iTunes, Stitcher, Podcast App, Overcast and many others. We will also provide a means for you to embed Your Content on your website via an embeddable widget.

In order to simplify and unify the process of tracking consumption of Your Content across multiple platforms, you agree to use the EMPO RSS Feed as the primary syndication feed for Your Content to other platforms, and to use the provided embeddable EMPO player as a means to embed Your Content on your website/blogs (where it is possible to embed from a technical or policy perspective).

Your cooperation with this provision ensures that our systems can obtain a more complete view of the listening activity with respect to Your Content and allows us to effectively market your show to potential sponsors and advertisers.

In brief…

You agree to use the RSS feed from EmpowerOneRadio to distribute your podcast as broadly as you like. This also helps us more accurately measure your listenership.

  1. EMPO’s License

As sole owner of Your Content, you grant us the right to use it. In other words, you grant EMPO (and any of its affiliated companies, licensees or assignees) a perpetual, royalty-free, non-exclusive right and license on a world-wide basis to transmit, perform and publicly display digitally, distribute and syndicate Your Content for all purposes, to the extent permitted by law. This will allow EMPO to transmit, on a world-wide basis, and permit its end users (and other internet website operators and their end users) to access Your Content on the EMPO website and applications, affiliated services and syndication channels. Pay close attention because this is important: except for the rights expressly granted in this paragraph, EMPO does not gain any further interest in or right to use Your Content, all of which shall remain solely with you.

In brief…

The content of your webcasts is always 100% owned by you, but EmpowerOneRadio has permission to use the content you publish here.

  1. Content of Podcasts

By using the EMPO Services, you acknowledge and agree that with respect to Your Content created or uploaded to the EMPO platform:

  1. You own the content or have the right to use it. In other words, you either created Your Content yourself or are legally entitled to use it publicly. This means that if you don’t own Your Content, you have obtained all licenses to use it that may be required under the Digital Millennium Copyright Act, United States Copyright Law, and any other applicable copyright laws, and your use of the content doesn’t conflict with any other licenses that you may have granted. This also means that you have the written permission of any identifiable person included in Your Content to use his or her name or likeness, and that you either own or control all rights to any musical or sound recording that you use. If for some reason EMPO asks to see it, you agree to provide EMPO with all documents proving that you own or have the right to use the content in Your Content;
  2. You will be provided with EMPO software. EMPO will give you access to all software required to use the EMPO Services upon your acceptance of these Terms and log-in to the EMPO website, and your use of the software will be subject to these Terms;
  3. EMPO may provide you with archive space to store and host Your Content. You may be provided with free storage space for archiving Your Content and associated metadata, depending on EMPO’s then-existing storage policies as listed on the EMPO website. If EMPO provides you with storage space for Your Content, you acknowledge that EMPO may decide to charge at some point for this storage or cancel the storage and hosting altogether;
  4. You are responsible for and assume all risks associated with Your Content. You agree to take responsibility for Your Content, whether contributed by you or under your authority, including the content that is contributed by any guest or contributor. You agree to warn listeners of any explicit content in Your Content, including profanity or subject matter that might not be suitable for all ages.
  5. You agree to make sure that Your Content is truthful, bug-free and doesn’t violate anyone’s rights. You agree that Your Audio Content will not contain any material that:
    • is obscene, indecent, offensive, libelous, hateful, racially or ethnically offensive, defamatory, unreasonably violent, threatening, intimidating, harassing, or features any illegal or pornographic content (including child pornography);
    • is false or makes untrue statements that could damage anyone, including your listeners;
    • contains any viruses, Trojan horses, worms, or other disabling devices or harmful things intended to damage, detrimentally interfere with, or secretly intercept or copy any system, data or personal information;
    • advocates or encourages any illegal or potentially illegal activity, including pyramid schemes;
    • is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • is getting advertised  via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited, or machine generated traffic promotion methods;
    • is not presented in a manner that misleads your readers into thinking that you are another person or company; and
    • infringes on anyone’s intellectual property or other legal rights;
    • violates anyone’s privacy, or impersonates another person;
    • gives rise to any civil liability or violates the law; or
    • violates the acceptable use policies of any networks, machines, or services that are accessed through the EMPO website.
  6. EMPO has the right to refuse to transmit any portion of Your Content that is prohibited by these Terms. EMPO will be paying attention to Your Content to make sure you abide by these Terms. If EMPO deems Your Content to be in violation of these Terms or finds it objectionable for any reason, we will not transmit Your Content.
  7. EMPO’s owned content is off limits. Except for Your Content, EMPO owns or licenses from third parties the text, software, graphics, photos, sounds, videos, interactive features, and all related trademarks, service marks and logos on the EMPO website. This content is provided to you AS IS for your information and personal use only, and you may not copy or reproduce it in any way without EMPO’s prior written consent. EMPO (and any other owners of this content) reserve all rights not expressly granted in this content and the EMPO website.

In brief…

Don’t publish content owned by others unless you have written permission. Also no plagiarism, spam, viruses, porn or any content that hurts listeners please.

  1. Content Access Rules

EMPO has worked for years to develop a unique and useful platform, and we are protective of it. We ask that your use of the EMPO Services take this into account. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the EMPO website or its content except via EMPO RSS Feeds and application programming interfaces. This rule does not apply to you if you are operating a search engine that is an exposed public web service designed solely to help discover and direct users to the EMPO website and the content created by our creator community.

When downloading audio content from the EMPO website or EMPO RSS Feeds, you may not cache the EMPO RSS Feeds or linked audio content in a way that would obscure the actual download activity of users within your application. You are also prohibited from in any way reproducing or circumventing the navigational structure or presentation of the EMPO website or any of its content. You acknowledge and agree not to obtain (or attempt to obtain) any materials, documents or information from the EMPO website through any means not purposely made available by EMPO.

In brief…

Please use the platform in the way it is intended to be used.

  1. Monetization and Advertising

By using the EMPO Services, you agree not to directly monetize Your Content via third party ad networks, agencies or business agreements. This restriction does not limit indirect monetization of Your Content, or services you offer outside of Your Content or your own promotions for those services. You may also include in Your Content advertising or sponsored messages/segments, but to do so you will need to either (i) notify EMPO and receive written clearance or (ii) enroll in EMPO’s Revenue Engine and use EMPO’s ad systems in compliance with the advertisement/sponsorship policies of the EMPO Revenue Engine. In fact, please note that if it is your intent to monetize Your Content, jumping aboard the EMPO Revenue Engine is truly the best way to go, since it will allow EMPO to work to maximize your potential earnings and provide an efficient way to remit to you the lion’s share of net revenues generated by Your Content. (See Revenue Engine section below).

By using the EMPO Services, you are granting, and acknowledge that EMPO in its sole discretion has, the right to serve banner, audio and video advertisements, including live reads, promotions, or other sponsored segments in connection with Your Content. You also acknowledge and agree that EMPO may earn revenues associated with Your Content (including advertising fees, commissions, syndication fees and the like). It is our intent to work with the best advertisers and sponsors that do not compromise your editorial integrity, are not distasteful, and that do not interfere with the listening experience of Your Content. If you see or hear objectionable ads around or within Your Content, ­­­­­­­­­­­­­­­­EmpowerOne.com and our ad operations team will be happy to review these cases.

In brief…

You agree to allow ­­­­Empower One Radio help you make money for you from your content and give the lion’s share of revenues to you. If you are already monetizing your content we won’t get in the way of those relationships.

  1. Revenue Engine

To begin directly monetizing your content, and to enable EMPO to remit to you your share of the revenues earned in connection with Your Content, your enrollment in the EMPO Revenue Engine is required. Admittedly, these revenues might be very small as you ramp up your audiences, but they have the potential to grow! The EMPO Revenue Engine assists EMPO hosts by locating sponsors and advertisers for their EMPO channel and content, and executing those sponsorships and advertising with EMPO’s proprietary technologies. The full benefits of the EMPO Revenue Engine are explained here.

In a nutshell, the primary benefit of the Revenue Engine program is that it can allow you to receive the majority share of aggregate revenues earned against Your Content (less third party commissions and fees). EMPO retains only a small share of these revenues, which allows us to take on the operational tasks of searching for advertisers and sponsors on your behalf, executing monetization instruments against Your Content using our proprietary technologies, and working behind the scenes to maximize your earning potential. This program frees up your time for more important things like focusing on your content and growing your listenership.

If you already have pre-existing long-term sponsorship arrangements generating sufficient revenues, please let our revenue team know via Info@EmpowerOneRadio.com. We do not want to jeopardize or limit these pre-existing relationships, and will work with you to ensure that you can fulfill your obligations to your pre-existing sponsors within our platform without limiting your total earning potential.

In brief…

You need to sign up with the Revenue Engine if you want to make money from your EmpowerOne content.

  1. Contacting Us

If you need to write to us, use this address: EMPOWER Radio LTD

  1. Responsible Disclosures

If you need to report unlawful conduct, including copyright or intellectual property infringement, please email us at Legal@EmpowerONe.com

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  1. Lawyer Stuff (which must be read CAREFULLY)

We apologize profusely for what comes next, which is written in legalese (sometimes in ALL CAPS) that has survived the tests of time and trial. Please read this stuff carefully, since it is actually important:

Termination: If you don’t abide by these Terms, or if EMPO is unable to verify the information you provide to it when you register, EMPO may terminate your use of the EMPO Services or access to the EMPO website immediately without prior notice.

Proprietary Information and Confidentiality: You acknowledge and agree that EMPO or its licensees are the sole owners of the services, operations, software, products, business methods and processes, tools, sales information, algorithms, search engines, search indices, and any advertisement insEMPOion software used in connection with the EMPO website (the “EMPO Business Products”), including, without limitation, all intellectual property rights therein, and that you will not acquire any rights in the EMPO Business Products except as expressly set forth in these Terms. You retain ownership of all of your trademarks, trade names, logos and other intellectual property contained in Your Content, and EMPO shall not acquire any rights therein.

Information that EMPO or you obtain about the other in connection with the EMPO Services, including, without limitation, information concerning operations, processes, business methods, tools, software, algorithms, search engines, search indices, products, services, policies, sales information and other such information deemed privileged in the judgment of the respective party, is to remain confidential and proprietary to the party which it concerns, except to the extent necessary for either party to disclose matters concerning the EMPO Services to the other.

Choice of Law/Arbitration: The interpretation and enforcement of these Terms and the resulting agreement between you and EMPO shall be governed by the laws of the State of New York, without regard to its conflicts of laws principles. You and EMPO agree that any and all disputes arising out of or related to these Terms and our agreement shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 13 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph). Any arbitration arising out of or related to these Terms or our agreement shall be held in the Borough of Manhattan in the City and State of New York, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator’s order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the date that any issue is submitted to arbitration (the “Submission Date”), discovery (if any) will be completed within sixty (60) days after the Submission Date, the arbitration hearing will occur within ninety (90) days after the Submission Date, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the conclusion of the arbitration hearing.

Remedy: Your sole remedy for any breach by EMPO of these Terms or our agreement shall be the commencement of an arbitration proceeding for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of EMPO, or any breach of these Terms or by EMPO.

Entire Agreement: These Terms and our agreement in accordance therewith constitute the entire understanding of the parties with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof, that are not merged herein, expressly referenced herein, or superseded hereby.

Independent Contractor/No Employment Relationship: Nothing contained in these Terms or our agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and EMPO. You further agree that you are not an employee of EMPO and that no employer-employee relationship of any kind whatsoever exists between you and EMPO.

Severability: These Terms and the provisions of our agreement are independent of each other and the invalidity of any term, provision or a portion thereof shall not affect the validity or enforceability of any other term or provision. In the event that any particular term or provision is found to be invalid or unenforceable, such term or provision shall be deemed to have been replaced with a valid and enforceable term or provision that approximates as closely as possible the intent of the parties as reflected in the original term or provision.

No Waiver: Any delay or failure on the part of EMPO to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.

Indemnification: You indemnify and hold harmless EMPO, and the officers, directors, employees, partners, principals, agents and representatives of EMPO, from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your participation in or use of the EMPO website or any of the websites, facilities, software, transmission capabilities, or services of EMPO; (b) any breach by you of any of these Terms, or of any covenant, representation or warranty made by you in our agreement; (c) any claims that Your Content or other use of the EMPO website or EMPO Services violates the intellectual property rights of any third parties, defames any third parties, constitutes impermissible hate speech or otherwise violates any rights of free speech or any other rights of any third parties; and (d) any portion of Your Content created or hosted by you or under your authority, including the content that you generate as well as any content contributed in any manner by any guest or caller. This defense and indemnification obligation will survive any termination of our agreement and your use of the EMPO website or the EMPO Services.

Survival: All provisions which must survive in order to give effect to their meaning shall survive any expiration or earlier termination of our agreement, including, without limitation all of your representations, warranties and indemnification obligations.

In brief…

Stuff our lawyers made us include to protect you and to protect EMPO. These sections detail your rights and our rights in terms of content, products, remedies and liabilities.

Disclaimer of Warranties; Limitation of Liability:

THE EMPO SERVICES, EMPO RSS FEEDS, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE EMPO WEBSITE (COLLECTIVELY, “INFORMATION”) ARE PROVIDED “AS IS”, AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EMPO MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE EMPO WEBSITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. EMPO MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE EMPO WEBSITE, EMPO RSS REEDS, EMPO SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT EMPO SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OF THE EMPO WEBSITE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING AS IT RELATES TO YOUR CONTENT RESTS ENTIRELY WITH YOU.

WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, EMPO SHALL HAVE NO LIABILITY FOR ANY LOSSES OR INJURIES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, OR FOR ANY LOST PROFITS OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING, IN WHOLE OR IN PART, FROM:

  1. EMPO’s actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the EMPO website or the EMPO Services;
  2. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
  3. any decision made or action taken or not taken in reliance upon the Information furnished in connection with the EMPO website, whether such Information is posted;
  4. your use of, or reliance on the Information, or from the use by you of the internet generally;
  5. your use of, or the inability to use, the EMPO Services or the EMPO website, even if EMPO has been advised of the possibility of such damages;
  6. any unauthorized access to or use of EMPO’s servers and/or any and all personal information and/or financial information stored therein; and
  7. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the EMPO website by any third party; and
  8. Your exposure via the EMPO website to programs and other content that are inaccurate, offensive, indecent, or objectionable.

In brief…

We are not liable if something goes really wrong. Always have a backup of your content.