The terms “we,” “us,” and “our” refer Podnext. The term the “Site” refers to podnext.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site. The term "POD" refers to your hosted page on podnext.com. The term "content curators" refers to You.
By using PodNext at http://podnext.com (the "Service"), a service of PODNext, you accept the following Terms and Conditions of Service (the "Terms").
By using the Service, you affirm that you are 18 years of age or older, or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 18, as the Service is not intended for children under the age of 18.
Podnext gives registered content curators a hosted page with which they can curate and share links containing videos, images or text with their friends, fans, followers, online readers and in return gets paid through advertisements provided by third party advertisers that is hosted on their page. Podnext will share revenue generated by said advertisements less a fee to be determined solely by Podnext.
Podnext in its discretion may also make available certain sponsored links and pay for clicks to said links on a cost-per-click (“CPC”) basis.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Podnext will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completing the registration process you will receive an account ID. You are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place or occur under your password and account. You further agree to notify Podnext in the event your password or account has been used without the proper authorization or you become aware of other breaches of security. You also agree to log out from your account at the end of each session with the Service.
You agree that any and all information provided during the registration process is true and accurate. You also agree to update and maintain registration data so that it remains true and accurate. Podnext will not be responsible or liable for any loss or damage incurred or later arising from your failure to comply with this section. Podnext prohibits the sale or transfer of control of any Podnext account by the registered account holder to any other party.
Podnext reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time for any reason or no reason.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Podnext makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Podnext disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
You agree to not knowingly jeopardize the security of your account.
You agree to not post content or take any action on your POD that violates someone else’s rights or is against the law.
You agree not to post anyone’s identification documents or sensitive financial information using your POD.
By posting Links on other platforms or social fan pages, or any other form of social media you agree to comply with the terms and policies set by these platforms social networks. You understand that a breach of the terms and policies set by a third party platform may cause termination of your account in the respective platform. You also understand and accept that you are posting content based on your own judgement and if anything happens to any of your account on any platform where you shared content that is purely and solely your fault and not Podnext.
You agree to indemnify and hold harmless Podnext, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party or terms of another platform while posting Links.
If your account is deactivated for whatever reason, Safe links associated with your account might be left active to generate traffic and revenue but you will not be entitled to it.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Podnext when there are reasonable delays in the access of the Service.
Podnext reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Podnext dissolve or cease to exist, then your access to the Service terminates.
CANCELLATIONS, REFUNDS & RETURNS
We offer a 7 day full refund policy should you be unhappy with the Service. To apply for a refund please contact support at email support[at]podnext.com.
You may cancel a monthly subscription at any time, but no refunds will be made for any membership fees already paid (unless you apply for a refund within the first 7 days of your membership). Once you cancel, you will no longer have access to the Service, including all content, revenue and community resources, after your current membership period is completed.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on your POD any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
You understand that Podnext does not guarantee any confidentiality with respect to the Content you submit.
Podnext does not endorse any content submitted to the POD by any user or any other licensor, or any opinion, recommendation, or advice expressed therein, and Podnext expressly disclaims any and all liability in connection with content posted to the PODs.
As a feature of the Service, Podnext may provide access to a community, selected content or social media platforms in conjunction with the Service. Podnext is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Podnext may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Podnext will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Podnext is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Podnext brand and image integrity.
USER GENERATED CONTENT
Podnext may provide means for you to upload, submit or create content to the Service including text, images, and video. You understand and agree that Podnext may use any content you submit without restrictions.
You shall be solely responsible for the content submitted to the Service by you or on your behalf. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to Podnext all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms of Service.
Podnext reserves the right to remove any content at the Service at any time without prior notice.
You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, referral events, or impressions of or clicks on any a Links or Published Content through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; edit, modify, filter, truncate or change the order of the information contained in any POD Link or Published Content; frame, minimize, remove or otherwise inhibit the full and complete display of any Published Content; The use of Pop-up, Pop-under, redirect an end user away from any Published Content; display any POD Links on any web page or any web site that contains any hate-related, violent, pornographic, adult or illegal content; directly or indirectly access, launch, and/or activate POD Links in any software application or web site other than your own web sites or social media accounts or properties; "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any POD Link; disseminate malware; steal, copy or any way replicate the Published Content; create a new account to use the Service after Podnext has terminated your account with you as a result of your breach of these Terms of Service; engage in any action or practice that reflects poorly on Podnext or otherwise disparages or devalues Podnext reputation or goodwill; attempt to artificially generate clicks on your POD Links using automated software or by explicitly asking people to click on your POD Links; willfully post or create content disparaging a particular web site; willfully violate the terms and conditions of any of the platforms we work with; act in any way that violates any policies posted on the Podnext site, as may be revised from time to time, or any other agreement between you and Podnext. If users account is terminated, suspended or banned, by Podnext due to any breach of this agreement caused by the user, Podnext is under no circumstances obliged to provide proof for its decision towards to user or the user's account in question. User also understand by this agreement that these conditions are non negotiable.
Curators agree that in all cases the Podnext reporting data shall be the sole and exclusive measure of revenue tracking, unless other reporting instruments are approved by the Podnext in writing.
The Service may contain links to third-party websites that are not owned by Podnext. Podnext has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Podnext will not and cannot censor or edit the content of any third-party site. By using the Service you expressly release Podnext from any and all liability arising from your use of any third-party website, service or entity.
Podnext retains exclusive copyright and all other rights to Content it makes available via the service, not including User-Uploaded Content.
Podnext will review all claims of copyright infringement received and remove Content Podnext deems to have been posted or distributed in violation of any such laws.
Podnext policy regarding DMCA compliance is located at: http://podnext.com/dmca.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
EARNINGS ON PODNEXT
You agree to provide Podnext with sufficient information to enable remittance of earnings. All earnings on Podnext which haven't been claimed by providing payment information for the account in question within 90 days will be forfeit. Earnings are determined based on the effectiveness of posted links generating advertising revenue. Amounts displayed before payout are provided only as an estimate and are not final.
Final payout amounts may change after review is completed.
If Podnext, in its reasonable discretion, believes it will be unable to collect advertiser revenue, then such revenue shall be deemed “Bad Debt.”
Once advertiser revenue becomes Bad Debt, publisher earnings therefrom shall not be subject to payout from Podnext.
Podnext will pay you for the revenue generated by valid clicks or other valid events on the advertisements displayed on the Published Content to which you have shared a Podnext Link.
Podnext remits your earnings to your PayPal account or other payment facility of your choice supported by Podnext in accordance with the account information provided by you.
You are responsible for any fees and charges assessed by Paypal or other payment service providers, which fees and charges shall be deducted from the amounts you receive.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under these Terms of Service against any fees you owe us under these Terms of Service or any other agreement or any damage incurred by us due to your breach of these Terms of Service, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods.
PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TAXES AND SIMILAR CHARGES LEVIED ON THE PAYMENTS YOU RECEIVE FROM PODNEXT HEREUNDER. PODNEXT MAY WITHHOLD ANY SUCH TAXES AND CHARGES FROM THE AMOUNTS PAYABLE HEREUNDER.
NOTICES FROM THE SERVICE
From time to time, Podnext may send notices to you, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.
We are continuously developing the features and functionality of the Service.
Consequently, we reserve the right to modify these terms of service at any time. You agree to be bound to such modifications when you use Podnext or its partner websites and the modifications shall be effective at the time of posting on Podnext.
It is important that you review these Terms of Service regularly on Podnext to ensure you are updated on any modifications to these terms. If you are dissatisfied with or do not agree to abide by any altered Terms, your sole remedy should be to close your account on Podnext and discontinue use of the Service.
THE SERVICE AND THE SOFTWARE ARE MADE AVAILABLE TO YOU FOR YOUR CONVENIENCE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PODNEXT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. POdnext does not warrant or represent that the Service will be free of all viruses. You understand that the Service is still alpha/beta versions, may add or remove features without notice, may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality.
In addition to all other disclaimers and limitations of liability contained in these Terms, you specifically agree that Podnext is not liable for any of the above issues. Moreover, you understand that Podnext does not warrant or represent that the Service will work on all devices, will be compatible with all networks and/or will be available in all geographical areas.
LIMITATION OF LIABILITY
PODNEXT SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW. NOR SHALL THE OFFICERS, DIRECTORS EMPLOYEES, OR AGENTS OF PODNEXT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE THAT PODNEXT WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR HAVE ANY OTHER DISPUTES OR CLAIMS WITH OR AGAINST PODNEXT WITH RESPECT TO THE SERVICE OR THESE TERMS OF SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. PODNEXT SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES REGARDLESS OF THE TYPE OF CLAIM. IN ANY EVENT ANY DAMAGES AWARDED SHALL NOT EXCEED THE AMOUNT OF $10.
You agree to indemnify and hold harmless Podnext, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the content you upload, your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
You will indemnify and hold Podnext harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claims arising from claims brought against you, or claims you have brought against others arising from the use of Podnext. Although we provide rules for user conduct, we do not control or direct users' actions and are not responsible for the content or information users transmit or share on their POD. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on PODs. We are not responsible for the conduct, whether online or offline, of any user of PODS.
Podnext reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time in its discretion.
In case that Podnext terminates the account for your breach of these Terms of Service, other applicable policies or the applicable laws, failure to pay your monthly membership fee, you lose right to your accrued earnings and such amounts shall be deemed forfeited.
If your account is deactivated due to your monthly membership payment failure, you might not get it back even if the payment is made on a later date. All future and pending payment will be forfeited.
You agree that: (i) the Service shall be deemed solely based in Dublin; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Podnext. These Terms of Service shall be governed by the internal substantive laws of Ireland, without respect to its conflict of laws principles. Any claim or dispute between you and Podnext that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Dublin. These Terms of Service, together with the Privacy Notice at http://podnext.com/privacy shall constitute the entire agreement between you and Podnext concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Podnext's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Podnext makes it possible to purchase unique domain through its system for increasing protection, safety and of its users. However it does no replace, refund or responsible for those domains in any way as each domain is used by the individual requested it. Podnext is not responsible to replace any domain if that gets blocked or become useless in any way.