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Google Accounts and YouTube ChannelsYou can use parts of the Service, such as browsing and searching for Content, without having a Google account. However, you do need a Google account to use some features. With a Google account, you may be able to like videos, subscribe to channels, create your own YouTube channel, and more. You can follow these instructions to create a Google account.
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Terminations by YouYou may stop using the Service at any time. Follow these instructions to delete the Service from your Google Account, which involves closing your YouTube channel and removing your data. You also have the option to download a copy of your data first.
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If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
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Applicable TermsYour use of the Service is subject to these terms, the YouTube Community Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this 'Agreement'). Your Agreement with us will also include the Advertising on YouTube Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
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EXCEPT AS REQUIRED BY APPLICABLE LAW, YOUTUBE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
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If you have a YouTube channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the YouTube Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
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The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center. Among other things, you can find out about YouTube Kids, the YouTube Partner Program and YouTube Paid Memberships and Purchases (where available).You can also read all about enjoying content on other devices like your television, your games console, or Google Home.
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Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
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Open SourceSome software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
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No WaiverIf you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
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Downloadable SoftwareWhen the Service requires or includes downloadable software (such as the YouTube Studio application), unless that software is governed by additional terms which provide a license, YouTube gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by YouTube as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by YouTube, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have YouTube’s written permission.
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THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
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We respond to notices of alleged copyright infringement according to the process in our YouTube Copyright Center, where you can also find information about how to resolve a copyright strike. YouTube's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
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To protect your Google account, keep your password confidential. You should not reuse your Google account password on third-party applications. Learn more about keeping your Google account secure, including what to do if you learn of any unauthorized use of your password or Google account.
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This section sets out certain requirements for use of the Service, and defines categories of users.
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We provide information to help copyright holders manage their intellectual property online in our YouTube Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.
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This section explains how you and YouTube may terminate this relationship.
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You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
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If your Google account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal using this form.
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This section explains your rights to use the Service, and the conditions that apply to your use of the Service. It also explains how we may make changes to the Service.
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You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
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If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Google reserves the right to terminate your Google account or your access to all or part of the Service.
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We will notify you with the reason for termination or suspension by YouTube unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, YouTube or our Affiliates.
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Content on the ServiceThe content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, YouTube or a third-party (collectively, 'Content”).
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Age RequirementsYou must be at least 13 years old to use the Service; however, children of all ages may use the Service and YouTube Kids (where available) if enabled by a parent or legal guardian.
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YOU AND YOUTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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The entity providing the Service is Google LLC, a company operating under the laws of Delaware, located at 1600 Amphitheatre Parkway, Mountain View, CA 94043 (referred to as “YouTube”, “we”, “us”, or “our”). References to YouTube’s “Affiliates” in these terms means the other companies within the Alphabet Inc. corporate group (now or in the future).
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Your InformationOur Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The YouTube Kids Privacy Notice provides additional information about our privacy practices that are specific to YouTube Kids.
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Creating a YouTube channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists (where available). Here are some details about how to create your own YouTube channel.
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YouTube is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the YouTube Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your Google Account using Google Takeout, subject to applicable law and policies.
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This section includes our service commitment to you. It also explains that there are some things we will not be responsible for.
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Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or YouTube.
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If any of your Content (1) is in breach of this Agreement or (2) may cause harm to YouTube, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, YouTube or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
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This section includes some further important details about our contract, including what to expect if we need to make changes to these Terms; or which law applies to them.
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If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on YouTube (including how to enable a child under the age of 13 to use the Service and YouTube Kids) in our Help Center and through Google’s Family Link.
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Warranty Disclaimer OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND YOUTUBE DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
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Third-Party LinksThe Service may contain links to third-party websites and online services that are not owned or controlled by YouTube. YouTube has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
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This index is designed to help you understand some of the key updates we’ve made to our Terms of Service (Terms). We hope this serves as a useful guide, but please ensure you read the Terms in full.
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Permissions and RestrictionsYou may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show YouTube videos through the embeddable YouTube player.
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If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
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You retain ownership rights in your Content. However, we do require you to grant certain rights to YouTube and other users of the Service, as described below.
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You grant to YouTube the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting November 18, 2020, any payments you may be entitled to receive from YouTube under any other agreement between you and YouTube (including for example payments under the YouTube Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, Google will withhold taxes from such payments.
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YouTube reserves the right to suspend or terminate your Google account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, YouTube or our Affiliates.
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Continuation of this AgreementIf your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
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SeveranceIf it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
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This section outlines our relationship with you. It includes a description of the Service, defines our Agreement, and names your service provider.
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In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
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This section applies to users who provide Content to the Service. It defines the scope of the permissions that you grant by uploading your Content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
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IntroductionThank you for using the YouTube platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
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Governing LawAll claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and YouTube consent to personal jurisdiction in those courts.
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We will process any audio or audiovisual content uploaded by you to the Service in accordance with the YouTube Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.
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7.7- By using Captivate, you agree that you will not re-sell Captivate in full or in part. If you wish to use Captivate as part of your product offering you must contact Captivate at [email protected] to ensure that you are signed up to our resale agency/network plans which may allow you certain extra usage rights. You may never publicly state that you are “a podcast host”/”hosting company” or similar; Captivate’s brand and any trade marks must remain intact even in instances of co-branding. Failure to comply may result in termination of service.
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You are always financially liable to Captivate for disputes (including chargebacks), refunds, and any fines that arise from your use of the Tipping Functionality for example which is levied on Captivate or Stripe by a bank or credit or debit card provider.
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You can make multiple payouts in a month, provided you have enough credit in your account.
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Stability of the PlatformToo much downtime with your current host? Too many bugs?
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Finding the TimeOur industry-leading workflow tools - built to optimize time.
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Content CreatorBe where your fans are with a powerful audio presence.
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12.2- Captivate will not be held liable for any of the actions of its customers using the Captivate platform except to the extent of enforcing the provisions of these Terms and Conditions.
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14.1 The Captivate API Client uses YouTube API Services. When using Captivate API, you agree to be bound by the YouTube Terms of Service, available here: www.youtube.com/terms
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12.10 The statistics shown on our site are measured as accurately as possible. If these statistics are incorrect by any degree, then we will not be liable for this inaccuracy.
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7.2- If you upload, download or stream malicious software onto or from our site, your use of our site will be terminated. We are not responsible for any malware that may be on our site.
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(iv) is not confidential and does not infringe the intellectual property, privacy or any other rights of any third party, and does not contain anything which is unlawful, libellous or defamatory; and (v) is not copyrighted or alternatively that you own the copyright or have the necessary permissions and rights to use it;
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Build a CommunityIt’s not just about downloads, build an engaging following.
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7.4- Visitors must not attempt to gain unauthorised access to any part of the site, the server on which the site is stored, or any other server, computer, or database connected to the site.
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You are responsible for all actions taken on your Stripe dashboard, including the initiation of refunds or ensuring your banking information is accurate and up to date.
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Please see our Privacy Policy and the Stripe Privacy Policy to see the data that Captivate has access to and how we will use, display, and transfer that data.
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Giving My Team AccessPaying for extra team member seats or struggling with access?
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Captivate is not responsible for the collection, storage and processing of data carried out by customers. All customers using the Captivate platform must ensure that they are in compliance with all applicable Data Protection laws and regulations in their jurisdiction(s).
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7.5- Anyone breaching the provisions of this section may be committing a criminal offence under the Computer Misuse Act 1990 (UK), the Computer Fraud and Abuse Act (US), or other applicable laws.
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12.5 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
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Captivate respects the intellectual property rights of others and expects its users to do the same. In accordance with the U.S. Digital Millennium Copyright Act ('DMCA'), we will respond promptly to notices of alleged infringement that are reported to Captivate’s Designated Copyright Agent, identified below.
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Giving My Clients AccessConsultant or agency? Client access should be easy.
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15.1- Unless otherwise required by mandatory laws in your country of residence, any disputes concerning these Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) or the relationship between customers, visitors and Captivate or any matters arising therefrom or associated therewith are subject to the laws England, without regard to choice or conflicts of law principles, unless you are a US resident in which case the laws of New York shall apply.
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4.1- If you wish to make a purchase on our site, the site will guide you through our purchase process. However, we are not liable for incorrectly ordered items on your behalf, therefore, we recommend that you check orders carefully before submitting.
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1.1- Captivate.fm (“Captivate”) is a website owned by Captivate Audio Ltd, a registered company in England and Wales with a registered address of 30 Leicester Square, London, UK WC2H 7LA and company number 11840222.
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13.5 By using the Captivate platform to create or host User Material you agree to indemnify and hold harmless Captivate from all claims, demands, actions, awards, judgements, costs, expenses liabilities, settlements, proceedings, damages, compensation, losses (including any interest, fines, penalties, management time,legal and other professional expenses), loss or damage to reputation, brand or goodwill, and to the extent permitted by law, administrative fines, penalties, sanctions, liabilities or other remedies imposed by any person (including any regulator or similar authority) (“Losses”) suffered by Captivate arising out of any User Material that is in breach of these Terms and Conditions or arising out of a breach of your warranties and obligations herein.
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(i) you own or are licensed in respect of the User Material and that you have the right, power and authority to grant the rights set out in these terms; (ii) that Captivate is free and able to use User Material in accordance with and in the manner set out in these Terms and Conditions without any payment (including any royalty payments to third parties) and that in particular Captivate may lawfully permit other users to view the User Material; and (iii) you have obtained all consents, releases and permissions (including of each person identifiable) in respect of the User Material;
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Getting SupportStruggling to get the right support from the right people?
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Captivate is not responsible for your obligations to your Tippers. You are solely responsible for, and Captivate expressly disclaims all liability for:
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Cost of HostingHosting getting a little expensive where you are now?
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You will not use the Tipping Functionality or knowingly permit the use of Tipping Functionality in a manner that is fraudulent, unlawful, deceptive or abusive.
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13.6 You agree that we may disclose your identity to any third party who is claiming that your User Material violates their Intellectual Property Rights or any other right.
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5.2- Automatic Renewal Subscription Terms. Where a customer’s free-trial comes to an end automatic billing will begin and the customer will be notified prior to the initial charge by email. All payments are non-refundable and a customer can cancel a free-trial at any time during the trial period prior to being billed. Once billing has commenced, it will continue on the same date every month, or for annual accounts, on the same date every year, until such time as the customer chooses to cancel their Captivate account. Captivate does not offer refunds for part months (or in the case of annual subscriptions, part years) or payments made if a customer fails to cancel their free trial prior to billing commencing. From time-to-time, Captivate may run special, “money-back guarantee” offers. These are at the discretion of Captivate Audio Ltd and during these offers, refunds may be offered on initial payments for a period up to forty-eight (48) hours after the activation of a free-trial. When and how these special offers run is subject to change at any time and is at Captivate’s discretion.
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To set up Tipping Functionality you will need to create an account with Stripe which will be subject to Stripe’s Connected Account Agreement and Stripe’s Privacy Policy.
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The fees charged by Stripe for making a payout for Express Accounts are set out here – they include:
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No Education to Help MeLeft on your own to struggle through growth ideas?
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When your account with Captivate is closed, any Tips will be paid out to your designated bank account less fees.
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Tipping Functionality is currently only available to accounts based in the following jurisdictions: Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong SAR China, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, UAE, UK, US.
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4.2- An order confirmation email shall be sent to you soon after the purchase has been processed. In the confirmation email, you can expect to find the following information:
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Where either Captivate or Stripe incurs any Losses based on unauthorized access or activity on the Stripe dashboard initiated by you, or your employees, or your agents, or anyone you have granted access to it, you will be financially liable for such Losses. Captivate or Stripe may deduct such Losses from your account, or require you to immediately pay such Losses to Captivate or Stripe.
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7.6- Any and all such breaches will be reported to the relevant law enforcement authorities and Captivate will cooperate fully with those authorities by disclosing the identity of the breacher to them.
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Notices of Alleged Infringement for Content Made Available on the site
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Security of the PlatformState of the art tech stack coupled with multi-factor auth.
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11.1- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
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To the maximum extent permitted by law, except as expressly provided in these terms, Captivate provides the services and the Tipping Functionality to you on an “as is” “as available” basis, without any warranties, express, implied, or statutory.
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7.10- Captivate will not tolerate rude, abusive or discriminatory language from users to staff or other users. Users choosing to persist with any behaviour of this nature may be removed from the platform.
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Missing FeaturesIs your host moving too slowly for your growth needs?
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Being Hard to CancelTransparent cancellation process if Captivate isn’t for you.
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Save Money on PodcastingSave money & cut costs in your podcasting workflow.
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Captivate has no liability or responsibility for any (a) damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to, or use of, the Tipping Functionality, including any unauthorized access to or use of third-party servers used in connection with Stripe and/or any personal information stored therein; (c) interruption or cessation of the Tipping Functionality; (d) software bugs, viruses, trojan horses, or other harmful code that may be transmitted to or through the Tipping Functionality; (e) errors, inaccuracies, or omissions of information, or any damages or losses incurred as a result of such errors inaccuracies or omissions, resulting from the use of the Donations Functionality; (f) information that is transmitted using the Tipping Functionality that is defamatory, offensive, or illegal; and/or (g) conduct of any third party.