terms of service

Welcome to Nightcast. Before you start using our site (found at https://nightcast.net/), you should understand these Terms of Use (“Terms”) and our Privacy Policy. Anyone who uses Nightcast, whether to produce or consume content or for any other reason, agrees to these Terms. If you do not agree with any of the Terms presented here, you may not use or access Nightcast.

Updates to This Page

Over time, these Terms will be updated. It is your responsibility to review these terms regularly to make sure that you agree to any changes. Nightcast will make a best-effort attempt to notify our users of any substantial updates. If you do not agree with a change, please contact Nightcast support in order to have your account deleted. If you do not request that your account be deleted, you agree to be bound by the updated Terms.

Content

Nightcast 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. Nightcast is not liable for issues that arise with or because of content posted by users.

When you post content of any type to Nightcast, you grant a non-exclusive license to Nightcast to host the content on Nightcast infrastructure. You also grant a non-exclusive license to any users who access that content. This includes users who may not be registered Nightcast users, and users of third-party websites and services. You own all rights to content that you upload to Nightcast, including the right to remove your content. Content may take an indeterminate amount of time to be fully removed from Nightcast infrastructure. Nightcast may not be able to recover content after deletion.

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

Nightcast may remove any uploaded content at any time and for any reason.

Accounts

You are not required to create an account with Nightcast. Creating an account, however, grants access to certain features that are not available to users without accounts. You will be required to provide a valid email address for use with your Nightcast account. You must own and maintain control of the email address provided to Nightcast.

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

Nightcast reserves the right to terminate or throttle any account at any time for any reason. This includes, but is not limited to, abuse of service limits or using–at our sole discretion–excessive infrastructure resources. Nightcast also reserves the right to access any account information. This may be to investigate or address problems with our service, satisfy legal requirements or requests by governments, or to protect ourselves or our users.

You may delete your account at any time by contacting Nightcast support.

Restrictions

You may not do any of the following:

  • Download or redistribute content or data that you are not intended to have access to
  • Download or exploit content that is not yours
  • “Scrape,” “crawl,” or otherwise aggregate content on Nightcast to collect any data without the express permission of Nightcast staff
  • Remove copyrights or trademarks from Nightcast or any content that you do not own
  • Impersonate another individual with the intention of deceiving others
  • Perform any act that could damage or harm minors in any way
  • Attempt to gain unauthorized accesss to Nightcast systems
  • Perform any act that could disrupt Nightcast service or access to Nightcast

You may not post any of the following:

  • Content that is illegal
  • Content that is threatening, abusive, libelous, or invades the privacy of others
  • Content that is hateful on the grounds of ethnicity, gender, sexual orientation, religion, or any other group (at Nightcast’s discretion)
  • Content that contains any malicious content of any kind (“malware”)

Nightcast respects copyright laws. If we are notified of content posted on Nightcast infrastructure that violates the intellectual property rights of others, we will use reasonable efforts to investigate and take applicable action when we believe infringement has taken place. This may mean content will be removed or user accounts will be terminated.

Please contact Nightcast support in writing with a detailed description of any alleged infringement. Note that you may be held accountable for damages (including costs and attorneys’ fees) for falsely alleging infringement.

If we remove or disable access to content in response to a notice of infringement, we will do our best to contact the user who posted the infringing content. You may respond to such a notice if you believe the content is not infringing. When you respond, you must provide enough information to enable Nightcast to make a reasonable determination. If you materially misrepresent that the content is not infringing, you may be held accountable for damages (including costs and attorneys’ fees).

Service

Nightcast is always changing. Features may be added or removed at any time. If the price of any feature changes, you will be given sufficient notice and opportunity to cancel any outstanding subscriptions.

Nightcast may discontinue its service at any time and without notice, though we obviously hope not to. It may be unavailable due to maintenance or malfunctions.

Nightcast contains links to third parties that we do not control. Content on Nightcast may also be embedded in third party services or websites. Nightcast does not endorse any third party service or website, and take no responsibility or position on their actions.

Stripe

Payment processing services for users on Nightcast are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Nightcast, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Nightcast enabling payment processing services through Stripe, you agree to provide Nightcast accurate and complete information about you and your business, and you authorize Nightcast to share it and transaction information related to your use of the payment processing services provided by Stripe.

Authorization

You agree to authorize Nightcast to license all content in your podcast to
Spotify. You grant Spotify the right to:

  • Distribute your content without restriction through all available distribution
    channels.
  • Distribute your content through Spotify infrastructure.
  • Use some or all of your podcast metadata, and supplement or replace metadata.
  • Copy your content and convert it to other formats.
  • Make your content and metadata available on third party sources.
  • Present your content alongside advertising.
  • Use third-party services to process and distribute your content.

In addition to the copyright provisions of the remainder of this document,
content submitted to Spotify must not contain copyrighted work that you do not
have appropriate licenses for. If copyrighted work is published on a podcast
submitted to Spotify, your Nightcast account may be suspended and your content
will be removed from Spotify.

Advertising

Content submitted to Spotify may contain advertising, though it may not contain
advertisements or sponsorships of:

  • Pornographic, obscene, or illegal content
  • Firearms or ammunition
  • Weapons
  • Cigarettes, tobacco, or e-cigarettes
  • Content that relates to political or religious organizations
  • Music streaming services

Termination

Spotify may stop serving your podcast content at any time at their sole
discretion.

Nightcast may, at any time, flag your content as ineligible for submission to
Spotify.

Disclaimer of Warranty

Nightcast and its services are provided “as is”. We make no warranties or guarantees (express or implied) of any kind, which means you use Nightcast at your own risk. We don’t make any promises about the content within our services, the function of the services, their reliability or availability, or their ability to meet your needs.

Limitation of Liability

To the extent permitted by law, the total liability of Nightcast, and its supplier and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use Nightcast’s services in the past six months (or, if we choose, to supplying you the services again). This includes all types of damages, including (but not limited to) inability to use Nightcast or its services, the cost of procuring substitute services, errors on Nightcast, personal injury or property damage as a result of using Nightcast, or loss of data.

Indemnification

You shall indemnify and hold Nightcast and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connectino with:

  1. Any materials submitted, posted, transmitted, or made available by you through the service
  2. Any interactions or transactions between you and any other user
  3. Any violation by you of these terms of use, the rights of any third party, or any applicable law or regulation

Support

If you need to contact Nightcast support, you may do so by emailing us.