General Terms and Conditions - Podigee GmbH
Podigee GmbH, Ritterstraße 2a, 10969 Berlin, HRB 200793 B (District Court Berlin/Charlottenburg), represented by its Managing Director Mr. Mateusz Sojka (hereinafter "Podigee"), offers various technical solutions in the field of hosting and distribution of podcasts on a subscription basis (hereinafter "Podigee Service") under the Internet address www.podigee.com and www.podigee.io (the "Podigee-Website").
1. Subject Matter:
1.1. These general terms and conditions (“GTC”) apply to all contracts concluded between you and Podigee via the Podigee-Website.
1.2. Podigee's offer is directed both to consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to business nor self-employed/entrepreneurial activities. An Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its business or entrepreneurial activity when concluding a legal transaction.
1.3. If you use Podigee as a consumer, the special provisions for consumers and the right of withdrawal for consumers as outlined in Appendix 1 apply to you in addition.
2. Subscription Packages, Trial Period, User Account, Conclusion of the Subscription
2.1. The use of Podigee runs on a fee-based subscription. We offer the subscription packages listed on the Podigee-Website (e.g. Basic / Advanced / Professional), each with a different scope of services. You can find the exact scope of services of the individual subscription packages on the Podigee-Website. We are continuously developing our product further. Therefore, it is possible that certain subscription packages may no longer be offered to new customers. If the subscription package you have already booked is no longer listed on the Podigee-Website, please contact us by e-mail at email@example.com, and we will send you an overview of services for your subscription package.
2.2. You will initially benefit from a 14-day, free of charge trial period. The trial period begins as soon as you have registered for it on the Podigee-Website with an user account. To do so, you must provide Podigee with your first name and your email address via the trial period registration form and choose a suitable password for your user account. The scope of services of the trial period offers a preview of individual functionalities of the different subscription packages. The trial period ends after 14 days without the need for a termination notice (no automatic renewal).
2.3. To set up an user account, personal data must be provided. You are obliged to provide all information correctly. We point out that the e-mail address you provide will be used by us for contractual correspondence and declarations. Please send your contractual correspondence to firstname.lastname@example.org.
2.4. During the trial period, you can upgrade to a full version of our subscription packages at any time. If the trial period expires without an upgrade, your trial account including all podcasts, data and settings you have stored there will be deleted by Podigee eight weeks after the end of the trial period. If you do not want to upgrade, please backup all podcasts and data from your trial account in time.
2.5. To book paid subscription packages via the Podigee-Website, click the upgrade button in your test account. Then select the subscription package you wish to use and enter all additional personal data (e.g. address, payment details) in the booking form. At the end, you can check your booking again and correct or cancel it if necessary. As soon as you click on the button "Subscribe and finish", you submit an offer to Podigee to conclude the subscription. The contract is concluded as soon as we have confirmed your booking by e-mail. In this booking confirmation we will summarize all the essential terms of the booking. Please note that not all subscription packages can be booked directly via the Podigee-Website. If you decide to take the business subscription package, please contact us at email@example.com. We will create and send you an offer according to your specifications. As soon as you accept this offer in text form or via an online tool provided by us, a contract is concluded.
2.6. If you exceed the scope of services of your subscription package in a month (e.g. number of published podcasts or number of downloads), you are obliged to upgrade to a suitable subscription package at the beginning of the following month. If you do not do so, Podigee reserves the right (after a warning) to automatically upgrade your package to the appropriate subscription package.
3. Services of Podigee
The scope of services of the individual subscription packages is based on the overview that can be found on the Podigee- Website. We reserve the right to use third-party service providers to provide services. In addition, the following regulations apply:
3.1. Podcast Hosting
a. Podigee provides you with system resources on a virtual server. On this server you can store podcast content, i.e. audio files including usual additional content such as cover artwork, images, texts etc. ("Podcasts"), subject to the data volume limits of the respective subscription package.
b. After successful encoding (see section 3.2.), the Podcasts will be made available on the server under a domain provided by you or a Podigee subdomain selected by you, e.g. via an RSS feed or the podcast player (see section 3.5.) for access via the Internet (see section 3.3.).
c. The data transmission services provided by Podigee are limited solely to the data communication between the Podigee’s transfer point of its own data communication network to the Internet and the server provided for you. Podigee cannot influence data traffic outside its own communication network. A successful forwarding of information from or to the computer or server requesting the content is therefore not owed.
d. In any case, you remain the sole owner of the Podcasts, and you can therefore demand the return of individual or all Podcasts at any time.
e. The contents of the storage space intended for you are secured by Podigee in a manner customary in the industry. You are not entitled to the release of the backup data carriers, but only to the retransfer of the secured content to the Podigee server.
f. Podigee has the right to adapt the hardware and software used to provide the services to the current state of the art and to use and/or change any third-party service providers. If such an adaptation results in additional requirements for the content you have stored on the server in order to guarantee the provision of Podigee's services, Podigee will inform you about these additional requirements and the planned changeover date at least four weeks in advance. You agree to decide immediately upon receipt of the notification whether you will meet the additional requirements and until when this will happen. You are entitled to object to the changeover by e-mail at firstname.lastname@example.org. If you do not declare your objection at least two weeks before the changeover date, you are deemed to have given your consent to the changeover and the necessary adjustments to your content. If you have filed an objection, Podigee has the right to terminate the contractual relationship with effect from the changeover date.
3.2. Encoding and Improving Audio Quality
a. For the duration of this contract, Podigee provides you with an encoding software application ("Encoder") that can be accessed via your Podigee user account.
b. The Encoder can be used to convert the audio files you upload to Podigee into various industry-standard file formats and to add the existing meta data and other additional content you have stored such as cover artwork, images, texts etc., so that your Podcast is ready for publishing ("Encoding"). If you have uploaded individual audio tracks, the Encoder will combine them into one file.
c. After uploading your Podcast to the server, it is mandatory to encode the audio file by the Encoder. To do this, please click on the button "Encode".
d. The encoding of your audio files is generally subject to a fee; however, this service is included in every subscription package up to a limit defined in the subscription package. You can make changes to an already encoded file free of charge if the audio file itself is not encoded again. Encoding the same file again is deemed as a new upload and will be considered in full length.
e. As part of the Encoder's features, it automatically improves the audio quality of your Podcasts. This is currently done by a third-party service provider. There are no further costs for this. It is not possible for you to deactivate this additional service. This feature of the Encoder is a voluntary, non-compulsory service; Podigee therefore reserves the right to discontinue this feature, restrict or expand its scope at its own discretion or change the third- party service provider.
f. You grant Podigee the necessary rights to encode and automatically transfer your Podcasts to the third-party service providers and to have the corresponding technical improvements made to the audio quality.
g. It is not possible to restore the raw data of the audio files after encoding and optimization by the third-party service provider.
h. Podigee will immediately eliminate any software errors of the Encoder according to Podigee’s technical possibilities. An error is deemed to be given if the Encoder delivers faulty results or does not function properly in any other way, so that the use of the Encoder is impossible or limited.
i. Podigee intends to continuously develop the Encoder further and improve it through updates and upgrades. Podigee reserves the right to adjust the exact scope of the Encoder's performance spectrum.
j. Rights of use
Podigee grants you the non-exclusive and non-transferable right to use the Encoder for the purpose of encoding your Podcasts for the duration of the contract. You may not edit or change the Encoder. It is not allowed to copy or even temporarily install or store the Encoder on data carriers (such as hard disks or similar) of the hardware you are using.
3.3. Publishing and exporting your podcasts
a. Once encoding has been successfully completed, Podigee will automatically make your Podcast publicly available on the internet ("Publishing"). Publishing of Podcasts without prior encoding is not possible.
b. The access to published Podcasts is possible via the Internet, e.g. via RSS feed or the Podcast Player under a domain provided by you or a Podigee subdomain chosen by you.
c. Podigee automatically publishes your Podcasts via your Podigee Podcast website, which is part of the podcast subscription package (see section 3.4.)
d. You can also use your own website for publishing by integrating the Podcast Player there (see section 3.5.).
e. Podigee also offers you the option of publishing your Podcasts directly from your Podigee account via various audio streaming platforms ("Exports"), such as currently e.g. Apple Podcast, Spotify, Deezer etc. and social media platforms such as Facebook, Twitter (collectively "Export Platforms"). Podigee reserves the right to change the Export Platforms offered at its own discretion. For the Export, it is necessary that you conclude a separate user agreement with the respective Export Platform, i.e. in particular that you create your own user account there and accept and comply with the terms and conditions there. Podigee merely acts as technical support for you by providing the necessary links and interfaces to the Export Platforms from your Podigee account. Podigee does not assume any warranty or liability for the Export Platforms and the Publishing of your Podcast by the respective Export Platform.
f. To facilitate the Export of your Podcasts, Podigee has concluded cooperation agreements with the Export Platforms listed in Appendix 2. This allows you to export your Podcasts without concluding a separate user agreement with the Export Platform. In this case, the additional regulations listed in Appendix 2 apply to the respective Export Platform in addition to these GTC. The provision of the above-mentioned cooperation agreements is a voluntary, non-compulsory service by Podigee; Podigee does not guarantee that the cooperation agreements listed in Appendix 2 will be maintained. Podigee is entitled to change Appendix 2 at any time, in particular to add further cooperations.
3.4. Publishing and exporting your podcasts
a. Podigee offers you the possibility to create your own Podcast website using a website building kit provided by Podigee and (depending on the subscription package) link it to your own domain or a Podigee subdomain.
b. The use of the Podcast website ends with the end of your contractual relationship with Podigee.
c. For the hosting of the contents of the Podcast website, section 3.1 (podcast hosting) applies accordingly.
3.5. Podcast player
a. Podigee provides you with a Podcast player created by Podigee (the "Podcast Player") in the latest version via the Internet for the duration of this contract. Podigee sets up the Podcast Player on its own server, which you can access via your Podigee user account. The Podcast Player can only be used for the Podcasts covered by this agreement. You can customize the Podcast Player within the scope of the given functions.
b. The scope of features of the Podcast Player is defined in the current service description on the Podigee-Website. We reserve the right to change the scope of features of the Podcast Player.
c. As a user of the Professional subscription package, you can make customer-specific adjustments to the Podcast Player for a fee upon request subject to the framework of a separate agreement to be concluded. Please contact us for this purpose at email@example.com.
d. Podigee will immediately correct any software errors in the Podcast Player as far as technically possible. An error is deemed to exist if the Podcast Player delivers incorrect results or otherwise does not function properly so that the use of the Podcast Player is impossible or limited.
e. Podigee intends to further develop the Podcast Player on an ongoing basis and improve it through updates and upgrades.
f. Usage Rights
Podigee grants you the non-exclusive and non-transferable right to use the Podcast Player for the duration of the agreement to make the Podcasts accessible via the Internet. You may not edit or change the Podcast Player. You may not copy or even temporarily install or store the Podcast Player on data carriers (such as hard disks or similar) of the hardware you use.
Podigee provides the above-mentioned services with a total availability of 98.5 %. The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period without taking into account maintenance times. Podigee is entitled to carry out maintenance work to a reasonable extent. During the maintenance work, the contractual services are not available. Podigee will give best effort to carry out maintenance work during the time with the lowest possible traffic in order to keep the restrictions for all Podcast listeners as low as possible.
4. Grant of Rights, Guarantees and Obligations to Cooperate
4.1. You hereby grant Podigee for the duration of the agreement all necessary, worldwide, non-exclusive rights that are necessary and required to properly fulfill the performance obligations assumed by Podigee in this agreement vis-à-vis you and third parties.
4.2. Podigee accepts this grant of rights, which applies in particular to the rights of all speakers, guests, interview partners, musicians, composers, authors, sound engineers, producers, sound carrier manufacturers, music publishers, editors, broadcasting companies, organizers, directors, performers and other contributors and rights holders, who were involved in the creation of the Podcasts or whose rights are affected by the production, distribution and marketing of the Podcasts (hereinafter individually and collectively referred to as "Contributors"), as well as to all other rights necessary for the contractual provision of services by Podigee.
4.3. The grant of rights includes in particular the following rights:
a. The right to host the Podcasts and all other Podigee content provided by you (the "Content") on own servers or servers of third parties, i.e. to make the Content available to the public by wire or wireless means and to reproduce it for this purpose in such a way that it is accessible to the public from places and at times of their choice. This includes the right to make the Content accessible via your own domain, a Podigee subdomain and an RSS feed set up by Podigee, as well as the right to download and/or stream the Content using all technologies and end devices, whether known today or in the future. Insofar as linear or non-interactive streaming is not classified by copyright law as making it publicly accessible, but as a broadcast, the relevant rights - insofar as you or one of the other persons named in section 4.2 are entitled to them - are hereby also granted;
b. to make the Content publicly accessible in case of queries via the internet (e.g. via your own URL, a Podigee subdomain as well as the RSS feed set up by Podigee) and to reproduce it for this purpose and transmit it to third parties or grant third parties access to the Content.
c. to reproduce the Content for the purpose of data backup.
d. to process the Content from a technical point of view, especially regarding encoding and to improve the audio quality through technical procedures, either by itself or via third parties,
e. to make the Content accessible to third party Export Platforms within the scope of an Export.
4.4 The grant of the rights shall be effected as a transit license (Durchleitungslizenz).
4.5 You warrant that
a. you are the sole and exclusive owner of the rights and entitlements granted in this agreement and are not prevented by any other obligation from entering into and performing this agreement,
b. you have acquired all Contributor’s rights as defined in section 4.2. granted to Podigee in this agreement and – if required by applicable copyright law – paid the Contributors an appropriate remuneration,
c. your personal information in the user account (e.g. name and e-mail address) is correct,
d. you alone are responsible for any payments to the artists' social security fund in connection with the distribution and marketing of the Content,
e. hosting and making the content publicly accessible does not violate applicable laws (in particular copyright laws, trademark laws, competition laws, media laws, civil law, advertising guidelines, youth protection laws and/or criminal laws) and does not violate the rights of any person or other third party (in particular copyrights, ancillary copyrights, trademark rights, rights to a name, general personal rights, rights to one's own image and the right to remain free of defamation and false accusation).
4.6. You warrant that you are the economic producer of all Podcasts posted in your Podigee account (i.e. you paid for the production yourself, and you were not commissioned by somebody else to produce the Podcast for them). As a principle, a separate subscription package must be booked for each economic producer. In the case of commissioned productions, the subscription package must be booked by the economic producer. If you want to use Podigee for Podcasts even though you are not the economic producer of the Podcasts (e.g. because you are a commissioned producer for a third party or the manager or label of one or more podcasters etc.), please contact us individually by e- mail at firstname.lastname@example.org.
4.7. You are obliged and warrant not to place any illegal content that violates laws, official regulations or the rights of third parties on the storage space provided by Podigee. You will ensure that the domain or Podigee subdomain under which the Content can be accessed via the internet does not violate laws, official regulations or the rights of third parties. You will also ensure that the Content you post does not endanger the operation of Podigee's server or communication network or the security and integrity of other data stored on Podigee's servers.
4.8. If your Podcast contains music, you warrant that all rights of third parties to the music have been cleared to a sufficient extent (e.g. labels, artists, collecting societies such as GEMA etc.). You are obliged to inform us in advance if your Podcast contains music. We reserve the right to ask for proof of the proper clearance of music rights in individual cases (e.g. GEMA certificate etc.).
4.9. In case of an imminent or actual breach of the above obligations and guarantees as well as in case of not obviously groundless claims of third parties against Podigee for the cease and desist of the (complete or partial) publication of the Content stored on Podigee’s server via the internet, Podigee is entitled to temporarily or permanently stop the connection of such Content to the internet completely or partially with immediate effect, taking your legitimate interests into account. Podigee will inform you about this measure immediately.
4.10. If the Content you have stored endanger or impair the operation of Podigee's server or communication network or the security and integrity of other data stored on Podigee's servers, Podigee may delete such Content. If the remedy of the endangerment or impairment requires it, Podigee is also entitled to interrupt the connection of the Content stored on Podigee’s server to the Internet. Podigee will inform you about this measure immediately.
4.11. In case of a violation of the above-mentioned obligations and guarantees, you will indemnify Podigee from any claims by third parties including the costs caused by the claim on first demand. Further claims of Podigee remain unaffected.
5. Statistics on Podcast Usage
Podigee offers you the possibility to get statistics about the usage / downloads of the Podcasts you publish via RSS feed or the Podcast Player. The statistics are compiled on the basis of the IAB Podcast Measurement Guidelines with the greatest possible care, but without guarantee.
6. Customer Support
Podigee customer support is available to you via the help button on the Podigee-Website or via the contact form. Response times vary for each subscription package and are intended as approximate, non-binding guidelines. If these communication channels are not available, you can also contact email@example.com.
7.1. The remuneration for the individual subscription packages, the payment intervals as well as the payment methods and currencies accepted by Podigee are specified on the Podigee-Website.
7.2. All prices stated on the Podigee-Website are inclusive of the statutory value-added tax.
8. Term, Termination
8.1. If you have decided on a monthly payment interval, the contractual minimum term is one month. The contract period will be automatically extended by a further month if not terminated by one of the parties. The notice period for both parties is seven days to the end of the respective contract period.
8.2. If you have decided on an annual payment interval, the contractual minimum term is one year. The contractual term will be automatically extended for a further year if not terminated by either party before the end of the respective term. The notice period for both parties is 30 days to the end of the respective contract term.
8.3. The right of extraordinary termination for good cause remains unaffected.
8.4. Each termination requires at least text-form (e.g. e-mail).
8.5. Upon termination of the agreement, Podigee will immediately release all Podcasts stored in your user account. The release is done by retrieving them via an RSS feed. Your Podcasts and data will be deleted eight weeks after the contract ends. Therefore, please secure all Podcasts and data from your Podigee user account in time.
9.1. Podigee is liable for intent and gross negligence. Furthermore, Podigee is liable for the negligent violation of obligations whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the contractual purpose and on whose compliance you as a contractual partner can rely. In the latter case, Podigee is only liable for the foreseeable, contract-typical damage. Podigee is not liable for the slightly negligent violation of other obligations than those mentioned in the preceding sentences.
9.2. The above exclusions of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
10. Data Protection
10.1. Podigee will use all personal data provided by you (e.g. name, address, e-mail address, bank details, credit card number, etc.) exclusively in accordance with the provisions of German data protection law.
10.2. The data required for the execution of the agreement between you and Podigee will be stored by us and are accessible to you at any time.
10.3. If required, Podigee offers you the conclusion of a standard data processing agreement (DPA) according to GDPR. If you want to use your own DPA template, we reserve the right to charge you for the costs of the legal review of your template.
11. Right of Modification
11.1. Because we are constantly developing Podigee, it may be necessary from time to time to adapt these GTC. We therefore reserve the right to change these GTC with effect for the future while adhering to the procedure described in the following paragraphs.
11.2. At least four weeks before the planned effective date of the new version, we will inform you about the changes by e- mail. You have four weeks from receipt of the information to familiarize yourself with the changes. If you do not agree with them, you can object to the changes within this period.
11.3. If you object, the contract can be terminated by us at the end of the current term. Otherwise, i.e. if you do not object, the new version of the GTC will apply from the notified effective date.
11.4. We will inform you about the objection period and the legal consequences of an objection or the passing of the objection period without objection in the information about the planned change.
11.5. If the changes affect essential contractual obligations incumbent upon us or you (i.e. obligations whose fulfilment is essential for the proper execution of the agreement and on whose observance the respective other contractual party may regularly rely), the reservation of the right to make amendments pursuant to section 11.1 shall only apply if the changes are reasonable for you, taking into account our interests. This is the case, for example, if we ensure that conditions applicable at the time the change comes into force remain unaffected until such time as you or we could terminate the agreement, or if we are obliged to make the change due to a change in law or a legally binding or provisionally enforceable court or government order.
12. Severability Clause
Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the parties by mutual agreement by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of gaps or omissions.
13.1. These GTC are complete and conclusive. Amendments and supplements to these GTC must be made at least in text form (e.g. e-mail) in order to avoid ambiguities or disputes between the parties about the respective agreed contractual content.
13.2. In case of doubt, the German language version of the GTC shall prevail over other language versions of the GTC (e.g. English).
13.3. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
13.4. If you had your residence or usual place of abode in Germany at the time of the conclusion of the agreement and either moved out of Germany at the time of Podigee's filing of an action or if your residence or usual place of abode is unknown at that time, the place of jurisdiction for all disputes is Podigee's headquarters in Berlin, Germany.
© Podigee GmbH
09. March 2020
Consumer information and withdrawal instructions for consumers
Extrajudicial settlement of disputes
We would like to point out that, in addition to the ordinary judicial process, you also have the possibility of an extrajudicial settlement of disputes in accordance with Directive (EU) No. 524/2013.
Details can be found in Directive (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
Our e-mail address is: firstname.lastname@example.org.
In accordance with section 36 LADRCM (Law on Alternative Dispute Resolution in Consumer Matters) we would like to point out that we are not obliged to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
2. Right of withdrawal for consumers
As a consumer you have a right of withdrawal according to the following instruction:
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal notice period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Podigee GmbH, Ritterstraße 2a, 10969 Berlin, e-mail email@example.com) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.
In order to comply with the withdrawal notice period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
CONSEQUENCES OF THE WITHDRAWAL
If you withdraw from this contract, we shall reimburse you for all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the service should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of your right of withdrawal in respect of this contract compared to the total amount of services provided for in the contract.
Model for the withdrawal form pursuant to Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB (If you wish to withdraw from the contract, please complete and return this form)
- I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (detailed description so that it can be clearly established to which goods the withdrawal relates), the provision of the following services (detailed description so that it can be clearly established to which goods the withdrawal relates) (*)
- ordered on: (*). . . . .../received on (*). . . . .;
- Name of the consumer(s);
- address of the consumer(s);
- Signature of the consumer(s) (only in the case of communication on paper);
(*) Delete as applicable
Export platforms in cooperation with Podigee
The Export to our partner Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm, Sweden ("Spotify") is possible for you without creating a separate user account at Spotify. If you decide to export to Spotify, the following conditions apply:
a. Your Podcast may not contain any pre-produced advertising and/or sponsorship messages. Advertising and/or sponsorship messages recorded by the host/speaker of the Podcast itself are allowed. Advertising and/or sponsorship messages that contain pornographic content, or for firearms, ammunition, weapons, cigarettes, tobacco or e-cigarettes, or that refer to political or religious organizations or for music streaming services are not allowed. We reserve the right to remove Podcasts that contain illegal advertising and/or sponsorship messages.
b. You understand and acknowledge that Spotify places audio, display and video advertisements on the Spotify platform.
c. There is no compensation for Podcast plays via Spotify.
d. Spotify is not obliged to include and/or distribute the authorised content on the Spotify platform. Spotify reserves the right to remove your Podcasts from the Spotify platform with immediate effect if (a) Spotify is notified by Podigee or otherwise becomes aware that the Podcast and/or distribution thereof violates or may violate any applicable law or regulation or constitutes an illegal act with respect to Podigee, Spotify or any third party; (b) Spotify is directed to take such action by the district attorney's office or other competent authority; (c) Podcasts submitted to Spotify may infringe or threaten to infringe the intellectual property rights of a third party if they are distributed by Spotify through the Spotify platform; Spotify will notify Podigee as soon as possible of any suspension of your podcast and the reasons for such suspension. Podigee will provide you with this information upon request.
e. Spotify has the worldwide, non-exclusive right to (a) digitally encode, reproduce and otherwise process the Podcasts to the extent necessary to make the Podcasts publicly available through the Spotify platform, (b) make the Podcasts publicly available in the form of Streams and Conditional Downloads on a pre-programmed and on-demand basis to users' end devices, (c) to make the Podcasts as well as metadata and images publicly available to Spotify users via the Spotify client for the purpose of identifying and enabling the availability of the respective podcasts on the Spotify platform, (d) to make the Podcasts publicly available via the API for display on third party services; (e) make and store copies of the Podcasts on Spotify's servers and terminals as reasonably necessary to enable Spotify to make the podcasts available to the public. In case of doubt, Spotify will decide in its sole discretion whether to distribute a Podcast via the Service. Spotify may use the Podcasts in any and all areas, functions and features of the Spotify platform.