Terms Of Use

Last updated July 22, 2024

Introduction

Welcome to Yellowball. Before you use our service, please review these Terms of Use ("Terms") and our Privacy Policy. By using Yellowball—to produce or consume content or for any other reason—you agree to these Terms.

If you do not agree with any of the Terms presented here, you may not use Yellowball.

1. Users of the Services

The Services are provided exclusively to individuals who are at least 13 years of age, and even then, only to minors who have obtained parental or legal guardian consent to open and maintain an Account.

The Services are provided exclusively to persons or legal entities. Accounts registered by “bots” or automated methods are not authorized and will be terminated.

Each user is solely responsible for all actions performed through the Services.

2. Content

Yellowball does not actively review or monitor content posted to its infrastructure, nor do we control how content is presented. Content may be inaccurate, incomplete, offensive, unpleasant, or otherwise lacking integrity; this is the sole responsibility of the user that uploads the content. Yellowball is not liable for issues that arise with or because of content posted by users.

When you post content of any type to Yellowball, you grant a non-exclusive license to Yellowball to host the content on Yellowball infrastructure. You also grant a non-exclusive license to any users who access that content, including users who may not be registered Yellowball users and users of third-party websites and services. You own all rights to content that you upload to Yellowball, including the right to remove your content. Content MAY take up to 30 days to be fully removed from Yellowball infrastructure. While live data is deleted immediately, backups take additional time to "age out." Yellowball WILL not be able to recover content after deletion.

Before uploading content to Yellowball, you must possess rights to the content you are uploading.

3. Accounts

You are not required to create an account with Yellowball. Creating an account, however, grants access to certain features that are not available to users without accounts.

The security and confidentiality of your account is your responsibility. Any actions performed through your account—regardless of whether you authorized them—are your responsibility.

3. Authorized use of the Services

You agree to use Yellowball only for lawful purposes. You may not use our service to:

  • Download or redistribute content or data that you are not intended to have access to.
  • Download or exploit content that is not yours.
  • Accessing/sharing/downloading/uploading illegal content, including but not limited to Child Sexual Abuse Material (CSAM) or content related to CSAM
  • Paying for your subscription with fraudulent payment means, such as a stolen credit card
  • "Scrape," "crawl," or otherwise aggregate content on Yellowball to collect any data without the express permission of Yellowball.
  • Impersonate another individual with the intention of deceiving others.
  • Use our service in a way that can harm minors.
  • Attempt to gain unauthorized access to Yellowball systems.
  • Perform any act that could disrupt Yellowball service or access to Yellowball.
  • Upload content that is illegal where you are.
  • Upload content that is threatening, abusive, libelous, or invades the privacy of others.
  • Disseminate or publish any content that is false or may create unjustified alarm.
  • Publish any content or carry out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of Yellowball or another user's experience or devices. Such activities include spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses, etc.
  • Engage in any activity that is fraudulent, defamatory, or otherwise malicious or harmful to others.

Any Account found to be committing the listed unauthorized activities will be immediately suspended.

The Company may also terminate Accounts which are being used for illegal activities that are not listed above, particularly in response to orders from the competent authorities informing of such illegal activity.

We reserve the right to limit service capacity for free Accounts which use of resources (e.g. bandwidth) is excessive and hurts the user experiences of other users in an unfair way.

The Company reserves the right to suspend or delete free Accounts that have been inactive for a consecutive period of twelve months. For more information, we invite you to read our inactive account policy.

5. Inactive Accounts

The Company reserves the right to delete expired trial Accounts that have been inactive for a consecutive period of 6 months and/or part or all of their associated data and content according to this section.

Accounts under an active paid subscription are always considered active and no action will be taken against your paid Account under this section. Terminating your active paid subscription (or being downgraded to free due to a failure to pay for the subscription) will make your Account subject to this section again.

If your account is an expired trial, you are considered active by performing one of the following actions at least once in a period of 6 months:

  • logging in to your Account

If you are subject to unsurmountable circumstances that won't allow you to stay active on your Account in a period of 12 months, please contact Support so that they can prevent deletion under this section.

5. Reselling

You may not resell Yellowball's services without explicit authorization. Using Yellowball to host podcasts on behalf of others in exchange for compensation of any kind is considered reselling.

6. Copyright and Intellectual Property

You retain all rights to any content you upload to Yellowball. By uploading content, you grant Yellowball a non-exclusive, royalty-free, worldwide license to use, distribute, and display the content solely in connection with providing and operating our services. This license does not transfer ownership of the content, and you retain the right to remove your content from Yellowball at any time.

You are responsible for ensuring that you have the rights to any content you upload, and you must not infringe on the intellectual property rights of others.

7. Liability and Disclaimers

Yellowball provides its services "as is" and "as available" without any warranties or representations of any kind. We do not guarantee the accuracy, completeness, or usefulness of any content provided through our service. Yellowball is not responsible for any damages resulting from the use or inability to use our services.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Yellowball operates, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in our jurisdiction.

9. Indemnification

You agree that the Company, and any parents, subsidiaries, officers, directors, employees, agents, or third-party contractors (the "Indemnified Parties") cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of your Account or the Services. You agree that the Indemnified Parties will have no liability in connection with any such third-party claim, demand, or damages, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any third-party claims, demands, or damages arising out of your use of your Account or the Services.

9. Privacy

Our Privacy Policy and its sub-policies explain the way we handle and protect your personal data and privacy in relation to your Account, your use of the Services, and your browsing of the yellowball.fm website. By agreeing to the present Terms and to be able to use the Services, you also agree to our Privacy Policy and its sub-policies.

If, in the provision of the Services, the Company processes, on the user’s behalf (where the user acts as a Data Controller), any personal data that is subject to the EU General Data Protection Regulation (GDPR), the company’s data processing agreement shall apply.

10. Fees and Payments

By creating an account and subscribing to our service, you agree to pay any applicable fees. Payments will be billed to you in advance on a recurring basis. You may cancel your subscription within 30 days of the initial purchase and receive a refund for any unused portion of the service period. Here, any unused portion of the service period refers to the prorated remaining full days of the subscription period. Refunds will be processed within 30 days of the request. To request a refund, please contact us using our support form. For the sake of clarity, the cancellation and the request for refund must both be addressed within the 30-day period. Payments made by cash or crypto are not refundable. If payment is not received within the billing cycle, your account may be suspended or terminated.

Past the abovementioned 30-day period, the Services provided by the Company are non-refundable and any refund or credit given will be at the sole discretion of the Company. Paid Accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.

If the Company chooses to issue a refund for any reason, The Company will only refund in the original currency of payment and to the original payment method. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.

If you fail to fulfil your obligation of payment as a user of a paid Account, your account will be automatically downgraded to an expired trial account after the failure to proceed to payment.

Accounts downgraded to expired trial due to a failure of payment are subject to section 3.

If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above-mentioned refund from the Company and consent to rely upon the dispute resolution procedure of the third-party payment processor. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for additional costs (e.g. dispute fee), you authorize the Company to charge that amount on your Account. In case of a dispute or chargeback, we reserve our right to suspend your account until settlement of the dispute.

11. Modification of plan

If you select a new paid plan, your subscription will be immediately updated.

If you do not want your plan to renew, you need to cancel your plan before the end of your subscription period.

11. Modification to the terms of service

Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using your Account or the Services, you are responsible for regularly reviewing these Terms. Continued use of your Account or the Services, including non-deletion of your Account after such changes are performed shall constitute your consent to them. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or Yellowball's services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Any such dispute will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.

14. Miscellaneous

These Terms do not affect your statutory rights or your legal rights, if any, as a consumer.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

We may assign these Terms in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms.

These Terms represent the entire agreement between you and us in connection with your use of your Account or the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to your Account or the Services.

In case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.