STARTUP42 MEDIA WEBSITE and SERVICES TERMS OF USE

These Terms and Conditions of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use the websites and content listing utilized by Startup42 Media, on-site or web-enabled technologies (collectively “Services”). 
Thank you for choosing Startup42 Media LV SIA Podcasting as a Service ("S42 PaaS") offered by Startup42 Media with Latvian offices located at Dzelzavas iela 103-27, Riga, LV-1084, Latvia under number 40203271495. Startup42 Media also operates out of Berlin, Germany. 
DESCRIPTION OF SERVICE
Startup42 Media Podcasting as a Service is a company that writes, produces, records and distributes for startups, corporates, conferences, NGOs,  and government entities.  We help you reach and understand your podcast audience.  Our Podcasting as a Service primarily provides original audio content composition, curation, recording, producing, planning and distribution services.   Through your use of our Podcasting as a Service, you consent to the practices described in these Terms of Use.  To the extent additional rules or guidelines affect your use of our  Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Podcasting as a Service, social channels and/or newsletter / contact services. Our goal is to help everyone create great content to increase visibility of expertise.
EXECUTION OF TERMS
The Startup42 Media (S42) Terms are executed and agreed to, and will constitute a binding contract between the entity you represent ("you" or "your") and S42, when  sign an agreement  and/or click the "Submit" button during the registration process for our newsletter and/or contact form. 
CONTENT CREATION
When we create content for our clients. The content is produced and owned by S42 Media unless otherwise stated. As a client, you become an Authorized User of the Content that we created. We own the rights to authorize and license the created content to platform providers such as Spotify, Google, Apple and more.  S42 is granted all rights and authorizations relating to any audio recordings or interview content to grant third party providers the license to distribute and promote all materials created under contract. By using our services you authorize us to utilize the content as follows:. You  allow us to represent and warrant, and covenant on a present and continuing basis, that, with respect to any content created by S42 PaaS: 
(a) you grant us the right to post such Authorized Created Content, and to grant S42 the rights to such Authorized Created Content free of any and all claims. 
(b) Authorized Created Content, and its use by S42 does not and shall not violate the Agreements, applicable law, the regulations and rules of any guilds, unions or collectives, and does not and shall not violate or infringe the rights of any third party, including any intellectual property (including without limitation copyright), publicity, personality, or other rights of others, 
(c) such Authorized Created Content, and its use by S42 as contemplated by the Agreements, does not and shall not imply any affiliation with or endorsement of you or your Authorized Creator Content or any third party entity or individual by S42 or any rights holders or any third party entity or individual without express written consent from such individual or entity
(d) you have and shall have acquired, retained and properly administered any third-party rights, licenses, authorizations, consents, permissions and approvals relating to the Authorized Content created by us, including but not limited to any  innovators content, and relating to the exercise by S42 of its rights under the Agreements, and that all rights, licenses, consents, waivers, clearances, or approvals necessary required from any collecting society (including but not limited to collecting societies such as STIM, MCPS, PRS, PPL and VPL) or any other party in order for S42 to lawfully exercise and enjoy its rights granted under this Agreement (including, without limitation, all necessary music, synchronization, mechanical transfer and performing rights clearances) have been or will be obtained and paid for and shall be maintained for the duration of these S42 Media Terms;
 (e) you shall be solely responsible for complying with the terms and conditions set forth in each of the third-party licenses, authorizations, consents, permissions and approvals referenced in 
(d) above, and you shall be solely responsible for making any and all payments of royalties, fees and any other monies (however characterized) to any and all third parties as and when required under such third-party licenses, authorizations, consents, permissions and approvals,
(f) no royalties, fees or other monies (however characterized) are or will be payable by or on behalf of S42 to or on behalf of any third party in connection with, or arising out of, the Authorized Creator Content generated by S42 Media
(g) all Authorized Creator Content  is correct, accurate, and does not contain Objectionable Content , and 
(h) you have and shall comply with all applicable laws, regulations and industry standards when allowing us to distribute Authorized Creator Content to the third party Services, including the FTC's Guidelines Concerning the User of Testimonials and Endorsements in Advertising, the FTC's Disclosures Guide, the FTC's Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time, and updates thereto.
EMBEDDED CONTENT 
S42 acknowledges and accepts that the Authorized Creator Content may contain advertising and/or sponsorship messages which are generally included when the Authorized Creator Content is distributed on any other  third party service. You acknowledge and accept that Authorized Creator Content may contain advertising including Other Services. We will not include
 (a) advertising and/or sponsorship messages targeted against our services, or the content created on your behalf. 
We  ensure that all advertising or sponsorship messages contained in the Authorized Creator Content for distribution will comply with applicable laws and regulations. Notwithstanding the foregoing, that your own advertising or promotional info provided for content creation which includes hate speech, pornographic content, or for firearms, ammunition, weapons, cigarettes, tobacco or e-cigarettes, or paid advertising for any competitive audio podcasting as a service providers, is not permitted. In addition, we will not use any data you obtained about S42 Media podcast listeners, content subject matters or clients for any purpose other than for demographic insights. You shall not use the Startup42 Media (S42) name or brand marks in any advertising sales collateral without prior approval from S42 Media. S42 reserves the right to remove any Authorized User Content that contains any Embedded Advertising that does not comply with our client Terms. You agree that cookies may only be used in and/or in relation to the Authorized User Content to improve the user experience.
S42 is allowed to submit Authorized Creator Content to third party providers
REMOVALS AND TAKEDOWNS
S42 Media shall be under no obligation to include and/or distribute Authorized Creator Content via our third party providers of services and reserves the full right to remove any Authorized Creator Content from various platforms in its sole discretion. S42 Media may, but has no obligation to, monitor, or review Authorized User Content. Because there is a risk to hosting Authorized Creator Content, S42 reserves the right, in all cases, to remove or disable access to any Authorized User Content for any or no reason, including, but not limited to, Authorized Creator Content that, in S42 Media’s sole discretion,
 (a) is likely to infringe the intellectual property rights of a third party if distributed by S42 Media  in accordance with these S42 Media terms 
(b) violates the Agreements, 
(c) violates the rights of any third party, 
(d) poses a reputational risk to S42 Media or any other person, 
(e) would cause S42 to be in breach of any agreement to which S42 Media  is in alignment with, or if
(f) S42 Media is notified by you or otherwise becomes aware that the Authorized S42 Media Creator Content and/or the distribution thereof, is or may be in violation of any applicable laws or regulations, or constitute an unlawful act in relation to you,
(g) S42 Media is instructed to take such action by a competent legal authority, or 
(h) you fail to fulfill your obligations under these S42 Media Terms S42 Media may take these actions without notification to you or any third party and without any liability to you for such removal.
OUR RIGHTS YOU GRANT US
License to S42 Media. 
You grant S42 a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to: (a) upload, digitally transcode, modify, make copies of, create derivative works from (including the right to transcribe, e.g. for the purpose of optimizing distribution and functionalities, improving personalization, simplifying content review and/or displaying on via 3rd party platforms, but not including the development and production of derivative audio or video works or the exploitation of customary ancillary rights, e.g. merchandise, live events, etc.), and otherwise produce, curate and process, the Content to the extent reasonably necessary to transmit and communicate to the public the Authorized Creator Content and execute our Podcasting as a Service Content; (b) transmit and communicate to the public the Authorized Creator  Content third party on-demand services which allow to Terminal Device utilization of their users in (i) any industry-standard implementation of the digital media "streaming" format, as that term is commonly understood, in all cases wherein the content of the media file is rendered simultaneously with its transmission; and (ii) the so-called "conditional download" format wherein the transmission of a media file results in a playable copy of the media file being deposited on the storage medium of a Terminal Device; (c) transmit, communicate to the public and display the Authorized Creator Content for purposes of identifying and promoting the availability of the corresponding Authorized Creator Content on the Service; (d) make and store on S42 and third party servers and Terminal Devices such copies of Authorized Creator Content as are reasonably necessary to enable S42 Media to distribute,  transmit and communicate to the public and third party distribution services. We use  Authorized Creator Content and communicate to the public and third party providers via audio and images and are permitted hereunder; to (f) use the Authorized Creator Content for internal research, development and business purposes. 
S42 Media will determine, at its sole discretion, whether the Authorized Creator Content which services will be used, and S42 Media shall be entitled to use the Authorized Creator Content on various websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "S42 PaaS platforms and outlets") (which includes, but is not limited to, the right to transcribe Authorized Creator Content, e.g. for the purpose of optimizing search functionalities, improving personalization, awareness simplifying content review and/or displaying on our website and other third party platforms). You further grant us the non-exclusive, irrevocable, fully paid, worldwide right to use your name, likeness, and photograph on various platforms and in our marketing communications to advertise, market and promote the availability of your Authorized Creator Content on the service channels we use. 
RESTRICTED ACTIVITIES
Any use of content on our digital channels, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Startup42 Media, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Startup42 Media. You may use the content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third parties which is available on the platforms, without the express consent of those third parties.  You agree not to use our content, websites, digital content or PaaS,  to:
(1)	violate or encourage the violation of any local, state, national, or international law or regulation;
(2)	collect or store personal data about other users of our content or solicit personal information from any individual;
(3)	impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(4)	send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Company in its sole discretion;
(5)	infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
(6)	promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
(7)	disrupt or interfere with the security or use of our content or any websites or content linked to them;
(8)	interfere with or damage the content, or our brand, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Digital Services;
(9)	attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Startup42 Media, our any third party, or create or use a false identity;
(10) attempt to obtain unauthorized access to our distribution channels or portions thereof that are restricted from general access;
(11) use any meta tags or any other “hidden text” utilizing S42 Media (or any third party partner or sponsor’s) name, trademarks, or product names;
(12) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used for our content creation, distribution or platform;
(13) engage in any activity that interferes with any third party’s ability to use or enjoy our created content; or
(14) assist any third party in engaging in any activity prohibited by these Terms of Use.
Further, without our written consent, you may not:
(1)	reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any S42 Media content;
(2)	use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the curated, recorded content or monitor or copy our web pages or the content contained thereon;
(3)	deep link to the Digital Services for any purpose; or frame the Digital Services, place pop-up windows over any content, or otherwise affect the display of the Digital Services.
However, by agreeing to use our services, engage in recordings or otherwise making any User Content available on or through channels  affiliated with our brand, you are granting Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our digital channels.
NOTICES AND TITLES
Conditional upon you supplying the relevant information associated metadata, S42 Media  shall display a link to Creator Content with  the following information via our website, platforms and third party providers as follows the S42 Media info in alignment with client info for third party service listings: (a) a standard copyright notice supplied by S42 Media [e.g. "(p) and (c) [Year] [S42 Media-designated name]. All rights reserved."] in a readable size; and (b) the title of the Authorized User Content as set forth in such metadata.
FEEDBACK
 If you provide feedback, ideas or suggestions to S42 MEDIA in connection with our services or  Content ("Feedback"), then regardless of what your accompanying communication may say, you acknowledge that the Feedback is not confidential and that you grant S42 MEDIA a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or hereafter created, whether in whole or in part, and whether as modified or unmodified. Feedback is considered a type of Authorized Creator Content.
RIGHTS
 Aside from the rights specifically granted in the Agreements, S42 MEDIA retains ownership of all rights, including intellectual property rights, in the Authorized Creator Content that we create, post and distribute. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or rights, such as your right to be identified as the author of any Authorized Creator  Content, including Feedback, and your right to object to derogatory treatment of such Authorized User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any Authorized User Content or for any use of your Authorized User Content on the Service.
OBJECTIONABLE CONTENT
S42 Media respects intellectual property rights and expects you to do the same. 
The following is not permitted for any reason whatsoever:
copying, redistributing, reproducing, "ripping", recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the S42 Media Authorized Creator Content which is not expressly permitted under the Agreements, our contracts,  or applicable law or which otherwise infringes the intellectual property rights (such as copyright) creators rights, or any part of it;
(b) using the S42 Media services,  podcasts, recordings, or platforms used to import or copy any local files you do not have the legal right to import or copy in this way;
(c) reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the S42 Media Authorized Content, or the Content or any part thereof unless permitted by applicable law;
(d)  selling, renting, sub-licensing or leasing of any part of the content created by S42 Media PaaS without written consent. 
Please respect S42 Media, the creators and co-creators of the Content, yourself, and other users of our  Services. Don't provide any content, agree to recordings,  IP or enter an agreement with S42 Media PaaS that includes material that:
(e)  would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive content,  recording agreement or publishing agreement;
(f) is offensive, abusive, defamatory, pornographic, threatening, obscene, or advocates or incites violence;
(g) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of S42 Media or a third party;
(h) is intended to or does harass or bully other users;
(i) impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
(j) involves commercial or sales activities or pyramid schemes, that are not expressly authorized by S42 Media;
(j) exposes confidential or proprietary information of a third party or personal information about yourself that you do not wish to broadcast to people around the world
(k) conflicts with the Agreements, as determined by S42 Media and/0r third party operators. 
You agree that you will not assist or permit any person to engage in any of the activities in Sections USERS RIGHTS (a) through USERS RIGHTS (k).
 
All content listed in Section USERS RIGHTS (a) through USERS RIGHTS (k) is "Objectionable Content." You acknowledge and agree that posting any such Objectionable Content may result in immediate removal, and /or termination of your contract /services provided by S42 Media. 
S42 Media may also reclaim your Authorized Content series name  including, but not limited to, for the purpose of building out more content with other clients and will have no liability to you if it does so.
Remember that content created by S42 Media and or distributed via third party providers may be  shared or publicly available information may be used and re-shared by other users, across the web, and may live on in perpetuity once posted. S42 has no responsibility for your choices to allow us to post agreed upon content via third party providers as we see fit via various services. 
INFRINGEMENT and REPORTING Authorized CREATOR CONTENT
S42 Media respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, send an email to copyright@startup42.co. 
The written notice must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
SERVICE LIMITATIONS
S42 Media will make reasonable efforts to keep our Services operational. However, S42 Media makes no assurances that our third party distribution service providers will be available and up and running continuously on a 24 x 7 x 365 basis. Certain technical difficulties or maintenance may result in temporary interruptions. Sreserv42 Media reserves the the right, periodically and at any time, to modify or discontinue, temporarily or permanently disable content visibility, functions and features of theour services or those provided by third parties at anytime, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of our services or the  function of other services and/or or features thereof. You understand, agree, and accept that S42 Media has no obligation to maintain, support, upgrade, or redistribute the content created to other services. This section will be enforced to the extent permissible by applicable law. We may remove content from our websites and/or other services without notice to the extent permitted by applicable law or the Agreements.
TERMS AND TERMINATION
Term. Terms become applicable upon engagement with S42 Media via our website or contract and may be terminated by either you or S42 Media under this Section. However, you acknowledge and agree that the license granted by you in relation to Feedback is irrevocable and will therefore continue after expiration or termination of any of the Agreements for any reason.
Termination. You may terminate these Terms at any time by contacting us through the contact form on the Contact Us section of our website, or by terminating your PaaS agreement contract with us. S42 Media may terminate the Agreements or suspend your access to our content or digital channels any time for any reason, including in the event of your actual or suspected unauthorized use of our channels and/or Content, or non-compliance with the Agreements, without notice and without liability to you. S42 Media may also terminate this Agreement, and/or, alternatively in S42 Media’s sole discretion, permanently or temporarily suspend with immediate effect your ability to provide Authorized Creator Content and assess to networks for content recording in the event that, in S42 Media’s reasonable determination, you are identified as a repeat infringer.
 WARRANTIES AND DISCLAIMER 
THE FOLLOWING WARRANTY DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW:
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE S42 Media or Startup 42 Media PODCASTING AS A  SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE STARTUP42 MEDIA PODCASTING AS A SERVICE AT YOUR OWN RISK. S42 MEDIA AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER S42 Media NOR ANY OWNER OF CONTENT, DISTRIBUTION SERVICES WARRANTS THAT THEIR SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, S42 MEDIA MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), CREATIVE CONTENT, USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON, THROUGH OR FROM S42 MEDIAS PODCASTING AS A SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT S42 MEDIA IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE S42 MEDIA WEBSITE . AS WITH ANY PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM S42 MEDIA SHALL CREATE ANY WARRANTY ON BEHALF OF S42 MEDIA IN THIS REGARD.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IF APPLICABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH S42 MEDIA SERVICES and  WHILE S42 MEDIA ACCEPTS NO RESPONSIBILITY FOR AUDIO CONTENT, or CONTENT POSTED ON THIRD PARTY APPLICATIONS, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO S42 MEDIA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS, DISTRIBUTION PLATFORMS, OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
 
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 42 MEDIA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER S42 MEDIA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO S42 MEDIA SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO S42 MEDIA FOR PODCASTING AS A SERVICE SERVICES DURING FOR THE CONTENT IN QUESTION.  
PARTY RIGHTS
No Third Party Beneficiaries. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and S42 MEDIA, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
Podcast Hosting Services utilized by the customer. If you host your Authorized Created Content upon approval of S42 Media with a third party podcast hosting service ("Podcast Hosting Service"), you acknowledge that this Agreement is between you and S42 Media only, not with your own chosen Podcast Hosting Service. All content that is curated, produced and created by S42 Media must be approved to be hosted and distributed by the client in advance.  
INDEMNIFICATION
You agree to defend, indemnify and hold S42 MEDIA and its officers, directors, employees and representatives harmless from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses (including but not limited to attorney's fees and costs of investigation) due to or arising from (i) your use of content created via our services which may not be true and/or product/content claims which may be false , (ii) your violation of any terms of S42 MEDIA Terms, (iii) any claim by a third party of infringement of any third party right, including but not limited to any copyright or other intellectual property right, property right or privacy right, by you, your content, your Authorized Creator Content and/or S42 Media’s use of the Authorized Creator Content in accordance with the terms of these S42 Media Terms; or (iv) any claim that the Authorized Creator Content has caused any damage to a third party (including but not limited to claims that the Authorized User Content has caused damage to any personal rights).
GOVERNING LAW
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of  Latvia without regard to choice or conflicts of law principles. Further, you and S42 Media agree to the jurisdiction of the Riga, Latvia to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising out of or in connection with them).  
CONTACT US
If you have any questions concerning the S42 Media or the Agreements, please contact S42 Media by visiting the Contact Us section of our website. Thank you for reading these Startup42 Media Terms. 
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our website, without further notice to you. Your continued use of our website or services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

STARTUP42 MEDIA PRIVATE POLICY

Thanks for your support of Startup42 Media. 
Your privacy and the security of your personal data is, and will always be, enormously important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data.
That is our objective, and this Privacy Policy ("Policy") will explain exactly what we mean in further detail below.
The Policy applies to all Startup42 Media services and any associated services (referred to as the 'Podcasting as a Service'). The terms governing your use of the Spotify Service are defined in our Terms and Conditions of Use (the "Terms and Conditions of Use").
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any material change to the way we collect or process your personal data we will provide you with more information or additional terms or policies. 
Your Rights
The General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we are happy to offer transparency and access controls to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:
Right of access - the right to be informed of, and request access to, the personal data we process about you;
Right to rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
Right to erasure - the right to request that we delete your personal data;
Right to restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
Right to object -
the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
the right to object to your personal data being processed for direct marketing purposes;
Right to data portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party's service; and
Right not to be subject to automated decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
If you have any questions about your privacy, your rights, or how to exercise them, please contact our Data Protection Officer using the 'Contact Us' form on the Privacy Center. If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them.
Personal data we collect from you
When you use or interact with the Startup42 Media website, we use a variety of technologies to process the personal data we collect about you for various reasons. 
Identify potential client needs
Distribute podcast content
Communicate our products and services
For marketing and advertising purposes
Sharing your personal data
Publicly available information
The following personal data will always be publicly available via our services when we produce podcasts: Your name, content/company logos profile picture
Personal data you may choose to share
If you choose to share content created by us, your personal data may also be shared
 If you grant us your permission to share the personal data, Authorized Creator Content, 
Information we may share
We work with third party providers to record and distribute our content
We will share your content with parties involved in the creation of the content
We will share your personal data with other S42 Media group companies to carry out our daily business operations and to enable us to maintain and provide the S42 Media Podcasting as a Service to you.


Data retention and deletion

We keep your personal data only as long as necessary to provide you with the our services and for legitimate and essential business purposes, such as content curation and distribution. We keep some of your personal data for as long as you are a user of our services and your content is being used to demonstrate our products and services.
If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:
If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
Where we need to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
Transfer to other countries
S42 Media shares your personal data  and content globally with S42 Media group companies in order to carry out the activities specified in this Policy. S42 media may also subcontract editing and processing to, or share your personal data with, third parties located in countries other than your country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country.

Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances S42 Media shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.

We cannot control or be held responsible for third parties' privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the S42 Media Services and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.
Keeping your personal data safe
We are committed to protecting our users' personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. 
Changes to this Policy
We may occasionally make changes to this Policy.
When we make material changes to this Policy, we'll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the S42 Media or by sending you an email and/or a device notification. We may notify you in advance.
Please, therefore, make sure you read any such notice carefully.
Contact
Thank you for reading our Policy. If you have any questions about this Policy, please contact us using the 'Contact Us' form on our website or by emailing privacy@startup42.co  or by writing to us at the following address:
Startup42 Media LV
Dzelzavas iela 103-27
Riga, LV-1084,
 
© Startup42 Media LV