Privacy, Terms of Use & Our Code of Ethics Protecting Content Creators Copyrights

Web Site Terms and Conditions of Use

Our Aggregator: We are using publicly available iTunes RSS feeds & API’s, owned exclusively by the content creators, re-distributing them on our platform, providing an online discovery hub to amplify, promote and distribute your shows beyond the complex walls of traditional podcast platforms. The feeds within our site are owned exclusively by content creators are their publicly available feeds via iTunes.

** ALL PODCAST AUDIO, ARTWORK, LOGOS, AND EDITORIAL CONTENT are copyright of their respective owners

** Section 9 states our Code of Ethics, and how we are protecting the copyrights of content creators, publishers, and networks. To be clear, #TopPodcast Digital Enterprises will protect the copyright integrity of the publishers and networks by not selling advertising into shows or episodes, without the exclusive permission of the publishers, podcasters, networks or content creators. Again, no advertising will be sold directly into any show or episode. All inquiries via our Podcast Business Center will go directly to the publishers, podcasters and networks that represent the shows advertising campaigns. We are simply driving discovery and amplifying podcasts within our epicenter.

We make it easier for new users to discover your podcast, ultimately driving additional downloads, listens and revenues.

1. Terms

#TopPodcast Digital Enterprises is utilizing publicly available data, via RSS feeds & API’s, to aggregate the Top Podcasts as ranked by iTunes, as well as other select podcasts within website, in order to help people discover on-demand audio, helping podcasters grow their audience & drive industry revenues.

By accessing this website, you are agreeing to be bound by these
website Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this website are
protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials
   (information or software) on Top Podcast Digital Enterprises’s web site for personal,
   non-commercial transitory viewing only. This is the grant of a license,
   not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Top Podcast Digital Enterprises’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Top Podcast Digital Enterprises at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on Top Podcast Digital Enterprises’s web site are provided “as is”. Top Podcast Digital Enterprises makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Top Podcast Digital Enterprises does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Top Podcast Digital Enterprises or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Top Podcast Digital Enterprises’s Internet site, even if Top Podcast Digital Enterprises or a Top Podcast Digital Enterprises authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Top Podcast Digital Enterprises’s web site could include technical, typographical, or photographic errors. Top Podcast Digital Enterprises does not warrant that any of the materials on its web site are accurate, complete, or current. Top Podcast Digital Enterprises may make changes to the materials contained on its web site at any time without notice. Top Podcast Digital Enterprises does not, however, make any commitment to update the materials.

6. Links

Top Podcast Digital Enterprises has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Top Podcast Digital Enterprises of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Top Podcast Digital Enterprises may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Top Podcast Digital Enterprises’s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

9. Code of Ethics: We Protect The Copyrights of Content Creators

#TopPodcast Advocacy Statement & Code of Ethics

1. Utilize you RSS feeds directly from iTunes: We utilize the direct feeds publicly made available from iTunes, providing a seamless source (aggregator) of discovery for new listeners. We are acting as an intermediary, a middle man, making it easier to distribute and discover your podcast. The feeds are derived directly from iTunes, of which the publishers, networks and podcasters directly provide and own.  After discovering a podcast, we encourage new listeners who are browsing our site to download iTunes or subscribe to feeds of the shows that they learn to love here.
2. No advertising will be sold directly into your show on our site: TopPodcast WILL NOT sell advertising direct to brands on any show page or episode within our website. To be clear…no direct advertising will be sold, that is unless a partnership is established with content creators, publishers or networks. For example, if a listener is exploring our site, and they click on a podcast show page, TopPodcast.com delivers the publicly available iTunes audio feed with one click. The only advertising that appears on any show page are Google ads, which allows us to ultimately operate and drive discovery of all shows within our network. If an advertiser inquires to advertise, we will then reach out to the show or network directly that represents the specific podcast.
3. Banner ad inquiries on show or episode pages: If we receive an inquiry regarding banner advertising on a specific show page or episode page within our website, we will go directly to the publisher, podcaster or network and ask for permission based on any revenue agreement independently agreed upon. To be clear, WE WILL NOT arbitrarily place any direct brand advertising other than our Google ads on any show or episode page, protecting the integrity and rights of both iTunes, the content creators, and the publishers/networks and podcasters.
4. Podcast advertising inquiries will go directly to the publisher/networks: If at anytime we receive an inquiry through our Podcast Business Center for advertising within a podcast (ad insertions or live read/endorsements), we will go DIRECTLY to the publisher, network or affiliated agency that represents the shows advertising campaigns. It is the right of the publisher, network or agency to use TopPodcast Digital Enterprises as a ‘lead-generator’ for their show, with TopPodcast.com acting as a ‘third-party ad agency or independent contractor’.  We will be contacting most major publishers to develop contractual rights to sell advertising, not on our site, but within your shows and feeds, as an agency, based on rate cards provided.
5. Test drive a show here & then join your network, app or RSS feed: TopPodcast’s goal is for a new listener to discover your show here, test drive it, and then join your network, download a publisher app, subscribe to the RSS feed via iTunes or listen directly through their iTunes app. We don’t want to capture the audience long-term and we do not at this time have any log-in registration to listen, beyond providing access to our Analytics Center within our Podcast Business Center. We want new listeners to fly away within the industry walls, exploring new networks & discovering new shows. To be clear, our objective is to drive ‘first-time listeners’ to discover a love for on-demand listening.
6. Industry Transparency: We have collaborated on this project with industry insiders at the highest level. They are HUGE advocates of unifying the industry and proponents of an open network. Too often than not, the industry is its own worst enemy. Hence, we will create a fully transparent page, publicly posted within our blog, to highlight any inquiries and what those specific inquiries are. Every PODCASTER and NETWORK exec we have spoken to during our pre-planning focus-groups have embraced our project, as they learned what our objective is (DRIVE LISTENERSHIP, DISCOVERY, REVENUES). Features like our PODFLUENCER section, which will highlight and drive notoriety to individual content creators, are viral ways to drive new audience discovery. Bottom line, we are ADVOCATES for the industry and enter it with our ‘eyes-wide-open’, hence all inquiries and issues will be publicly featured via our open network. We look forward to answering any question and working to grow your networks.

10. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

11. Trademarks

TopPodcast.com and our logo are marks belonging to us and trademarked under USPTO. We give no permission for the use of these marks.  All registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Any concerns or inquiries, please contact us at info@toppodcast.com. We are here to help move the industry forward, together, in a unified front.