Terms and Conditions for Content Producers
- PiR²'s goal is to provide all content consumers worldwide with the opportunity to discover, and enjoy independently and commercially produced content, through their computer or any other connected device. Through PiR²'s network and other PiR² services, we offer podcasters, media producers and publishing companies distribution of their content through a variety of media so they can reach a broader audience. In order to take advantage of directory listing on podcast.tv, podcasters.tv and other PiR² websites, you must agree to the terms recited below between you ("producer") and PiR². By uploading, submitting or otherwise disclosing or distributing content of any kind at or on the site or otherwise through the services, unless source quoted, you represent and warrant that you own all rights in the content.
1 Services provided by PiR²
Services to be provided by PiR² will include, but not be limited to, the following:
- Directory and Search Engine. Listing in the PiR² main directory and search engine.
- Podcast Placement. Program information pages for your podcast will display information about your podcast program and the most recent episodes from your podcast RSS feed on websites such as podcast.tv and podcasters.tv. PiR² will also provide a link to the website associated with your RSS feed. End users will be able to playback or download podcasts, from your site in their original form, or from a PiR² directory if the file has been transcoded for mobile distribution.
- Distribution. Your file will be available for download through PiR² and its network partners. This network includes device partners who produce consumer electronics devices and mobile devices, which access the internet and have multimedia clients to allow consumers to play media including podcasts and video-podcasts.
- Network Storage where necessary. It may be necessary to temporarily store or cache copies of your content on PiR² network storage devices to optimize delivery of content to devices with special requirements. PiR² does not provide permanent storage of your programming, but will provide this temporary storage at no cost to you.
- PiR² Stats. Through PiR² you will receive access to the PiR² analytics package, which will provide you insight to the performance of your show and further features as they become available.
- New Tools and Enhancements. PiR² is constantly upgrading its services in form and function from time to time and you may have access to new features as PiR² makes them available.
2 Rights and License
- You will have sole creative control over your programming.
- PiR² hereby grants you a non-exclusive license to use the feed submission and management tools for the purposes described in this agreement during the term of this agreement.
- You hereby grant to PiR² the non-exclusive, royalty-free, worldwide right and license to digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, translate, distribute, publish, publicly display, publicly perform and hyperlink your programming; and make archival or back-up copies of your programming in any venues, media and channels of distribution now existing or yet to be invented. (Hereinafter collectively referred to herein as "use").
- PiR² may at its discretion use place advertising or sponsor notices as part of its service. Such advertising may be displayed before or after the programming that is distributed, or on screens in the applications that are used to play or display the programming. PiR² will not insert advertising into your programming or otherwise alter your programming for the purposes of advertising.
- PiR² hereby grants you a non-exclusive, royalty-free, worldwide right and license to promote your use of the PiR² network. (Distribution of your programming through PiR² websites.)
- PiR² has the worldwide right as part of its promotional efforts to utilize your likeness, name, personality and celebrity during the term, as well as all show related graphics, logos, slogans, fonts, thumbnails, audio or video excerpts, and other such promotional items.
- You acknowledge that PiR² is not responsible for your content and you alone are fully responsible for your content. You also acknowledge that PiR² does not pre-screen any content that you make available and may remove any programming, in whole or in part, at any time without notice, in PiR²'s sole discretion. It is your responsibility to obtain any and all necessary licenses, rights or grants, for your programming and any other material that is in it. You also agree and acknowledge that PiR² will not act as an arbiter of any disputes, and all claims are your sole responsibility.
- This agreement shall be effective upon your acknowledged acceptance of these terms. This agreement shall continue in perpetuity until the parties decide to terminate the agreement as provided for in section 5 below.
- At any time after the commencement of this agreement, either party may terminate this agreement with 60 days notice. The following paragraphs will survive termination 2(d), 4 and 7.
- Each party acknowledges that it will not disclose or use for its own purposes the confidential information of the other party (or the terms of this agreement), except to its employees and professional advisors and except as required by law.
- Each party to this agreement represents and warrants to the other that (i) it has all necessary power, right and authority to enter into this letter agreement and perform its/his/her respective obligations hereunder, (ii) the execution, delivery and performance of this agreement by the representing party does not require the consent of any third party, or conflict with or cause the termination or breach of any agreement or other instrument to which the representing party is a party or is bound or with any applicable law, rule, regulation, judgment, order or decree. You further represent and warrant that you own or possess all right, title and interest in and to the programming, including all podcast titles and all episodes thereof, free and clear of any and all security interests, liens, encumbrances, pledges, rights, options, rights of first refusal, contracts, commitments, understandings and obligations of any kind, and that the use of the programming and any podcast titles and all episodes thereof and continued production of content by you under the terms hereof do not infringe upon or violate the intellectual property or proprietary rights of any third party.
- In addition to any of the remedies provided in this agreement, you agree to defend, indemnify and hold PiR², its parent, managers, directors, officers and employees harmless from and against any and all claims, damages, losses, judgments, costs and expenses (including, without limitation, reasonable attorney's fees).
- The following capitalized terms shall have the meanings as defined below:
- Content shall mean any audio, video, text, multi-media, mixed-media or other type of material that may be stored digitally, and are copied or broadcast over the internet.
- PiR² hereby grants you a non-exclusive license to use the feed submission and management tools for the purposes described in this agreement during the term of this Agreement.
- Programming shall mean any content that you submitted to PiR² under this agreement, and specifically podcast episodes.
- Title means the name or names that you select for your content.
- Episode means an individual piece of content, and particularly when referring to an individual piece of content under a specific title.