PodLearn Terms & Conditions

This Agreement was last modified on February 15, 2014.

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://podlearn.org ("the Site") operated by PodLearn ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://podlearn.org.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

1. Intellectual Property

The Site and its original content, features and functionality are owned by PodLearn and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

2. Using the Site – What you are allowed to do

  1. You may view (and, where applicable, listen to) the content and applications available on the Site for your private non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, and copyright and trademark notices, are not removed.
  2. Registered users may customise some of the Site's features to create personalised areas of the Site for their own non-commercial use. Users must not otherwise alter, adapt or reverse engineer any part of the Site.
  3. Unless otherwise stated in these Terms, you must not (whether directly or indirectly) (a) distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or any content, files, feeds or data from the Site, whether publically available or not; or (b) copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material or where you are able to show “fair dealing” with it, in each case in accordance with the Copyright, Designs and Patents Act 1988.
  4. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission.
  5. Users should be aware that content and applications may be removed from the Site with or without notice at any time and reliance on their continued availability is at the user's risk.
  6. Users, whether or not registered, must not abuse our “flagging content” feature e.g. by making malicious reports.

3. Your content – what we are allowed to do

  1. We may publish, check, edit or remove all or part of the comments, posts, applications, any of your User generated content or other material, including your name, town and country, which you submit to us ('Your Content'), at our sole discretion. We are not obliged to do any of these things and we may not.
  2. You retain any copyright you may have in Your Content. By submitting Your Content to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, sub-license, create derivative works from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, you warrant that you have the right to grant this licence. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
  3. This clause 3 means, for example (without limitation), that we can:
    • Continue to publish all or part of Your Content, including applications, your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
    • Remove Your Content, even if you have not breached these Terms;
    • Use all or part of Your Content in promoting our products and services;
    • Reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images;
    • Edit Your Content, which may result in a part of it being modified and displayed, including without your name.

4. Your content – what you are allowed to do

  1. You must not submit any material to the Site which;
    1. is inappropriate. Material will be considered in appropriate if that material is:
      1. defamatory, abusive, malicious, threatening, false,
      2. contains taunts, rudeness, insults, name-calling, indecent
      3. quotes others of out context to create misleading or
      4. is indecent, obscene or of a sexual nature;
      5. is a breach of confidentiality or someone's privacy;
    2. could prejudice any active legal proceedings of which you are aware;
    3. is not in the English language
    4. contains accusations of impropriety or personal criticism of PodLearn;
    5. is likely to:
      1. cause someone alarm, anxiety or distress;
      2. incite others to breach civil behavior;
      3. encourage violence or racial or religious hatred;
    6. infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;
    7. is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
    8. offers, advertises or promotes any product or services or makes any requests for donations or financial support;
    9. constitutes spam or junk content;
    10. impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
    11. is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; or
    12. is in breach of these Terms, our Privacy Policy.
  2. You may only include links on the Site to any third party websites or webpages if:
    1. the content of or linking to such websites or webpages does not breach any of the prohibitions in clause 4.1 above;
    2. the terms of use of such websites or webpages allows such linking;
    3. links are clearly and visibly marked as such;
    4. the content of any linked website is relevant and clearly related to the Content to which it is linked; and
    5. the link will not result in any automatic download.
  3. You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.
  4. Unless you have our express permission to do so, you must not re-submit content or applications which you are aware have been removed.

5. Personal information

We will use your personal information in accordance with our privacy policy, which forms part of these Terms.

6. Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by PodLearn.

PodLearn has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

8. Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United Kingdom, without giving effect to any principles of conflicts of law.

9. Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.