General Terms and Conditions
The service "PodcastFeed" is provided to you via the internet as a Software-as-a-Service by the company Carpenter Group. The use of PodcastFeed is subject to the following conditions. By using PodcastFeed, you agree to these terms. Deviations from these conditions are only binding if they have been accepted in writing by Carpenter Group.
Article 1. Use of the Service
1.1. With PodcastFeed, you can host and share audio files on the internet via an RSS feed. It is explicitly not allowed to upload audio files that violate copyright, contain music or other fragments that violate copyright. It is also explicitly prohibited to publish the login details of your account or download codes for files.
1.2. To use PodcastFeed, you must first register. After completing your registration, you can immediately log into your account and use the service.
1.3. You must shield your account access using the username and password from unauthorized persons. In particular, you must keep the password strictly confidential. Carpenter Group may assume that everything that happens from your account after logging in with your username and password occurs under your direction and supervision. You are therefore liable for all these actions, unless you have notified Carpenter Group that someone else knows your password.
Article 2. Usage Rules
2.1. It is prohibited to use PodcastFeed for actions that violate Dutch or other applicable laws and regulations. This includes, among other things, storing or distributing via the service information that is slanderous, defamatory, or racist.
2.2. In particular, it is prohibited to use PodcastFeed for distributing audio, music, and/or fragments that violate relevant copyright laws. It is also explicitly not allowed to publish the login details of your account or download codes for files. In the case of a business account, this last prohibition does not apply to colleagues.
2.3. Additionally, it is prohibited at PodcastFeed to: distribute information that is pornographic or erotic (even if it is legal in itself); distribute information in violation of copyright, or post hyperlinks to such information; violate the personal privacy of third parties, for example by distributing personal data of third parties without permission or necessity or repeatedly harassing third parties with unwanted communications; and do anything else that is in violation of netiquette.
2.4. If Carpenter Group notices that you violate the above conditions, or receives a complaint about it, Carpenter Group may intervene to stop the violation.
2.5. If, in the opinion of Carpenter Group, a nuisance, damage, or another danger arises for the functioning of the computer systems or the network of Carpenter Group or third parties and/or the provision of services via the internet, particularly by excessive uploading of files, data breaches, or activities of viruses, Trojans, and similar software, Carpenter Group is entitled to take all measures it reasonably deems necessary to avert or prevent this danger.
2.6. Carpenter Group is at all times entitled to report observed criminal offenses.
2.7. Carpenter Group can recover the damage resulting from violations of these behavior rules from you. You indemnify Carpenter Group against all claims from third parties relating to damage resulting from a violation of these usage rules.
Article 3. Availability and Maintenance
3.1. Carpenter Group strives to make the service available, but does not guarantee uninterrupted availability.
3.2. Carpenter Group actively maintains PodcastFeed. Maintenance can take place at any time, even if this may lead to a limitation of availability. Maintenance will be announced in advance whenever possible.
3.3. Carpenter Group may from time to time adjust the functionality of PodcastFeed. Your feedback and suggestions are welcome, but ultimately Carpenter Group decides which adjustments it does or does not implement. Article
4. Intellectual Property
4.1. The PodcastFeed service, the accompanying software, and all information and images on the website are the intellectual property of Carpenter Group. They may not be copied or used in any way without separate written permission from Carpenter Group, except in cases where it is legally allowed.
4.2. Information that you store or process through the service remains your property (or that of your suppliers). Carpenter Group has a limited right to use this information for the service, including future aspects thereof. You can revoke this right of use by deleting the relevant information and/or terminating the agreement.
4.3. If you send information to Carpenter Group, such as feedback about an error or a suggestion for improvement, you grant it an unlimited and perpetual right to use this information for the service. This does not apply to information you explicitly mark as confidential.
4.4. Carpenter Group will not access data you store and/or distribute via PodcastFeed unless this is necessary for good service provision or Carpenter Group is obliged to do so under a legal provision or court order. In such a case, Carpenter Group will endeavor to limit the knowledge of the data as much as possible, as far as this is within its power.
Article 5. Fees for the Service
5.1. The use of PodcastFeed is associated with a fee for the use of certain functionality. You will be informed of the costs at the respective functionalities. The fee is due monthly.
5.2. Payment can be made via direct debit, credit card, or according to the payment instructions on the website.
5.3. Since the service is delivered immediately, and at your explicit request, it is not possible to undo a payment with an appeal to the Distance Selling Act.
Article 6. Liability
6.1. Except in cases of intent or gross negligence, the liability of Carpenter Group is limited to the amount you have paid in the three months preceding the damaging event.
6.2. Carpenter Group is expressly not liable for indirect damage, consequential damage, lost profits, missed savings, and damage due to business stagnation.
6.3. A condition for the existence of any right to compensation is that you report the damage to Carpenter Group in writing within two months after discovery.
6.4. In case of force majeure, Carpenter Group is never obliged to compensate the damage caused by it. Force majeure includes disturbances or failures of the internet, telecommunications infrastructure, power failures, domestic unrest, mobilization, war, transport delays, strikes, lockouts, business disturbances, supply stagnation, fire, and flooding.
Article 7. Duration and Termination
7.1. This agreement commences as soon as you first use the service and then runs for a month.
7.2. After this period, the agreement is tacitly extended with the same period. If you enter into the agreement as a consumer, you can cancel the agreement at any time after tacit renewal with a notice period of one month, calculated from the moment of cancellation. Business customers can always cancel at the end of the duration mentioned in paragraph 1 with a notice period of one month.
7.3. Carpenter Group can terminate the agreement if you have not logged in for eighteen months. In that case, it will first send a reminder email to the email address linked to your account.
7.4. Note: It is not possible to export the data that you store or process via the service.
Article 8. Changes to Conditions
8.1. Carpenter Group may adjust these terms and conditions as well as the prices at any time.
8.2. Carpenter Group will announce the changes or additions at least thirty days before they take effect via the service so that you can take note of them.
8.3. If you do not wish to accept a change or addition, you can cancel the agreement until the date of entry into force. Use of the service after the date of entry into force is considered acceptance of the changed or supplemented conditions.
Article 9. Miscellaneous Provisions
9.1. Dutch law applies to this agreement.
9.2. As far as mandatory law does not prescribe otherwise, all disputes related to PodcastFeed will be submitted to the competent Dutch court for the district in which Carpenter Group is located.
9.4. The version of communication or information as stored by Carpenter Group is deemed to be correct, unless you provide evidence to the contrary.
9.6. Carpenter Group is entitled to transfer its rights and obligations from the agreement to a third party that takes over PodcastFeed or the relevant business activity from it.