Terms and Conditions

Last Updated: 11/28/2023

1. Introduction

Welcome to DeepCast.fm, an information repository designed to provide access to rich information and intelligence embedded in the world of podcasts. This website is operated by DeepCast, Inc. Throughout these Terms, the terms “we”, “us”, and “our” refer to DeepCast, and “you” refers to any user, visitor, or viewer of our website.

2. Acceptance of Terms

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

3. Description of Service

DeepCast provides an extensive repository of podcast show and episode details for educational and entertainment purposes, including summaries and key insight extraction intended to provide podcast listeners with a means to identify new and interesting audio content to explore. We reserve the right to modify or discontinue the service at any time without notice.

4. User Registration and Accounts

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.

To use our Services, you must be at least 13 years old.

5. User Conduct and Responsibilities

You agree not to use DeepCast for any unlawful purpose, to harass or invade the privacy of others, or to infringe upon the rights of any third parties, including intellectual property rights.

DeepCast may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content.

6. Content Ownership and Intellectual Property

Except where otherwise noted, all content displayed on DeepCast, including text, graphics, logos, and images, is the property of DeepCast or its content suppliers and protected by US and international copyright laws.

7. Content Submission and Posting Rules

As of the launch of DeepCast, there is no content posting in what is colloquially referred to as “user-generated content”. However, this is subject to change and these Terms of Use will be updated to reflect any associated guidelines, requirements, duties, obligations and so forth.

8. Privacy Policy

Your use of DeepCast is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We will notify users who have registered login information and an email address of changes to this Privacy Policy, and any changes will only take effect prospectively from the date of the change.

9. Disclaimers and Limitation of Liability

DeepCast is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied. We will not be liable for any indirect, incidental, or punitive damages arising from your use of DeepCast.

10. Warranty Disclaimer

We do not guarantee the accuracy, completeness, or usefulness of any information on the site, and you rely on such information at your own risk.

11. Indemnification

You agree to indemnify, defend, and hold harmless DeepCast and its affiliates, officers, and employees from any claims, damages, or expenses arising from your use of the site or your breach of these Terms.

12. Changes to Terms of Service

We reserve the right to change or modify any of the terms and conditions contained in our Terms of Use, at any time and in our sole discretion. Any changes or modification will be effective upon posting of the revisions. Your continued use of this site following the posting of such revisions will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use from time to time to understand the terms and conditions that apply to your use of the site.

13. Termination of Use

Notwithstanding anything else in these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your license to use the site, and to block or prevent future access to and use of the site. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions of these Terms of Use and shall not affect the validity and enforceability of such remaining provisions.

14. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions.

15. Dispute Resolution

Any disputes, claims, or controversies arising out of or relating to these Terms and Conditions, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

16. Contact Information

For any questions about these Terms, please contact us at contact@deepcast.fm.

17. Other Sites & Services

Our digital platforms contain links to services maintained by third parties that do not necessarily follow the same privacy practices as DeepCast. In some cases, we may also include on our digital platforms certain embedded tools provided and controlled by third parties, or that permit you to submit information to third parties. These services and tools are governed by the terms and policies of those third parties. DeepCast may use widgets from third party services, e.g., a button that allows you to “share” a quote on LinkedIn. All of these third party services have their own terms and policies. Please review these services’ own privacy policies for more information.

18. Copyright Agent

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on this site (or any other digital platform we use), please provide the following information in writing to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  2. a description of the copyrighted work that you claim has been infringed.
  3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
  4. information so that we can contact you, such as address, telephone number and email address.
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Our Copyright Agent can be reached at dmca@deepcast.fm.

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding these Terms of Use, please contact conctact@deepcast.fm.

19. Payment Information

When you purchase products or services referenced by DeepCast as an affiliate to 3rd-party ecommerce providers such as Amazon.com, we have no access to your payment method or any related information associated with a retail transaction. We can make no guarantee to how this payment information is used, retained, or otherwise by 3rd-party sites, and we suggest you reference their respective terms.

20. Feedback

Separate and apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as nonconfidential.