Updated on: 1 August 2020
MatchCasts provides an audio advertising platform between brands and podcasters. As a brand user, you will be creating an advertising campaign on MatchCasts platform for the purpose of being matched with a podcast to run your campaign. As a podcaster user, you will input your podcasts and its relevant information for the purpose of bring matched with a brand advertiser advertising campaign.
See our Site for further details on the features of our various Service offerings, which MatchCasts will endeavour to improve and expand over time.
Use of the Platform
As a condition of your use of the Platform, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence; (2) you possess the legal authority to create a binding legal obligation; and (3) all information supplied by you on the Site is true, accurate, current and complete.
Payments Withholding Consent
If you are a brand advertiser and you create a brand campaign on MatchCasts, you agree to pay all fees or charges upfront to us to be held in our escrow account. Payment will be deducted from the escrow for each brand campaign delivered until the money in your escrow account runs out or is no longer sufficient. In the event that the budget for your brand campaign is not fully utilized, a refund will be made to the same payment method you used for your account.
Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider.
All payments made to the podcasters will be at the sole discretion of MatchCasts upon the delivery of the advertising campaign. The fees due to the podcaster will be calculated based on the campaign delivered.
MatchCasts reserves the right, at its sole discretion, to place a hold on a payment if MatchCasts determines that the funds may be subject to a breach of applicable law (e.g. fraud or money laundering), or if MatchCasts is required to cooperate with law enforcement.
Terms and Termination
We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you. You may also stop using the Service at any time. You do not need to specifically inform MatchCasts when you stop using the Service. You may also cancel your account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of your Account or access to the Site, all provisions which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
User Conduct, Commitments and Understandings
- You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by MatchCasts.
- You agree not to modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Service or any software provided in connection with the Service (“Software”).
- You may not post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentiality agreement between you and another party;
- You may not send any unsolicited commercial email, spam, or bulk commercial email;
- You may not impersonate any person or entity or podcasts, or falsely state or otherwise misrepresent your affiliation with a person or entity or podcasts;
- You may not interfere with or disrupt the Service or Software, or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Software.
- You agree that you are solely responsible for (and that MatchCasts has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which MatchCasts may suffer) of any such breach. To the extent MatchCasts incurs any financial penalties or other costs and expenses (including investigation expenses) from MatchCasts’s server hosting facility or other vendors because of your use of the Software, you shall be obligated to immediately reimburse MatchCasts for any such penalties, costs or expenses.
- You understand that all information (such as data files, written text, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such materials originated, which may be you.
- The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that MatchCasts is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- You retain sole ownership of any Content you post or any other material you submit using the Service (“Your Content”). You hereby grant MatchCasts and its affiliates a revocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce and display Your Content solely for the purpose of providing the Service.
- You shall not transmit to MatchCasts or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication to this Site.
- The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms, the terms and conditions of the other area shall prevail. MatchCasts may at any time revise these Terms by updating the Terms of Service. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.
You agree to indemnify, defend and hold MatchCasts, its affiliates and their respective representatives harmless from and against any and all loss, damage, liability, suits, actions, proceedings, demands, damages, judgments, liabilities, claims, and expenses (including, without limitation, reasonable attorneys’ fees, expert fees and court costs and the costs of investigation and defence and settlement awards) relating to, arising from, or in connection with your use of the Content and/or Services on the Sites.
No term or provision of these Terms of Service shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.
MatchCasts shall not be liable to you for any delay or failure of MatchCasts to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of MatchCasts. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
This Terms of Service and any disputes, controversy or claim arising out of or in connection therewith shall be governed by and construed in accordance with Singapore law and MatchCasts and you hereby submit to the non-exclusive jurisdiction of the courts of Singapore.
If you have any questions regarding these Terms, please contact MatchCasts by emailing firstname.lastname@example.org.