Podcasting SourceTerms of Service

Last modified: May 26, 2023

Welcome to the Podcasting Source!

Thanks for using our Podcasting Source, a unique platform and marketing perfectly suited for podcast hosts and guest that want to find gifts, deals and prizes for podcasting. Podcasting Source is provided by Big Fish Results, Inc. (“Big Fish Results”) located at 5 Division Street, Building D, East Greenwich RI, 02818, United States.

By using our Podcasting Source, you are agreeing to these terms. Please read them carefully. Additional terms are also available, and those additional terms become part of your agreement with us if you use our Podcasting Source.

Using our Podcasting Source

You must follow any policies and procedures made available to you within the Podcasting Source.

Don’t misuse our Podcasting Source. For example, don’t interfere with our Podcasting Source Platform or try to access the data contained within the Podcasting Source using a method other than the interface and the instructions that we provide you. We may suspend or stop providing our Podcasting Source to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Podcasting Source Platform does not give you ownership of any intellectual property rights in our Podcasting Source Platform or all of the content you access. You may not use content from our Podcasting Source Platform unless you obtain permission from Big Fish Results, or are otherwise permitted by law. These terms do not grant you the right to use any terms, branding or logos used in our Podcasting Source Platform. Don’t remove, obscure, or alter any legal notices displayed within our Podcasting Source Platform.

Our Podcasting Source Platform may display some content that is not Big Fish Results’ property. This content is the sole responsibility of the entity that makes it available to us via APIs. We may review content from time to time to determine whether it is illegal or violates our policies, and we may remove or refuse to display certain content that we no longer view as helpful, or that reasonably believe violates our policies or the law.

In connection with your use of the Podcasting Source Platform, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your Podcasting Source Platform Account

You will need your own Big Fish Results User Account in order to use all or some of the Podcasting Source Platform. Big Fish Results will always provide registration access for the creation of your User Account. If you are using a Big Fish Results User Account assigned to you by someone different then Big Fish Results (e.g., passed to you from within the company you work for or partner with), you must stop using that User Account and ask us at Big Fish Results to supply you your own User Account or registration link.

To protect your Big Fish Results User Account, keep your password confidential. You are responsible for the activity that happens on or through your Big Fish Results User Account. Try not to reuse your Big Fish Results User Account password on third-party applications.

Privacy and Copyright Protection

By using our Podcasting Source Platform, you agree that Big Fish Results can use such data in accordance with our company’s Privacy Policy.

Your Content in our Podcasting Source Platform

Our Podcasting Source Platform allows you to upload, submit, store, share or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Podcasting Source Platform, you give Big Fish Results (and those we work with) a license to use, host, store, modify and create derivative works, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our company’s digital marketing campaigns and initiatives.

If you have a Big Fish Results User Account, we may display your Profile name, Profile photo, and actions you take on the Podcasting Source Platform, including displaying your ads and other commercial contexts.

About our Podcasting Source Platform Software

When updates to our Podcasting Source Platform requires or includes additional software, this software may update automatically for you once a new version or feature is available.

Big Fish Results gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Big Fish Results, which is included in the Podcasting Source Platform. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Podcasting Source Platform as provided by Big Fish Results, in the manner permitted by these terms. You may not copy, take digital snapshots, modify, distribute, sell, or lease any part of our Podcasting Source Platform or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission to do so.

Modifying our Podcasting Source Platform

We are constantly changing and improving our Podcasting Source Platform. We may add or remove functionalities or features, and we may suspend or stop a particular functionality altogether.

You can stop using our Podcasting Source Platform at any time, although we’ll be sorry to see you do that. Big Fish Results may also stop providing our Podcasting Source Platform to you, or add or create new limits to your use of our Podcasting Source Platform at any time.

We believe that you own your proprietary data and preserving your access to such data is important. If we discontinue your use of the Podcasting Source Platform, where reasonably possible, we will give you reasonable advance notice and a chance to get your proprietary information out of the Podcasting Source Platform.

Our Warranties and Disclaimers

We provide our Podcasting Source Platform using a commercially reasonable level of skill and care and we hope that you will enjoy using it. However, there are certain things that we don’t promise about our Podcasting Source Platform.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BIG FISH RESULTS NOR ITS PRINCIPALS, PARTNERS AND EMPLOYEES MAKE ANY SPECIFIC PROMISES ABOUT THE PODCASTING SOURCE PLATFORM. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PODCASTING SOURCE PLATFORM, THE SPECIFIC FUNCTIONS OF THE PODCASTING SOURCE PLATFORM, OR THE RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE A HIGHLY FUNCTIONAL AND USEFUL PRODUCT. THE PODCASTING SOURCE PLATFORM IS OFFERED TO YOU, “AS IS”.

Liability for our Podcasting Source Platform

WHEN PERMITTED BY LAW, BIG FISH RESULTS, AND BIG FISH RESULTS’ PARTNERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BIG FISH RESULTS, AND ITS PARTNERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PODCASTING SOURCE PLATFORM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PODCASTING SOURCE PLATFORM AGAIN).

IN ALL CASES, BIG FISH RESULTS, AND ITS PARTNERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business use of our Podcasting Source Platform

Whether you use our Podcasting Source Platform on behalf of your own business, or for one (or more) of your client’s business, you accept all of these Terms of Service. You will hold harmless and indemnify Big Fish Results and its affiliates, officers, agents, partners and employees from any claim, suit or action arising from or related to the use of the Podcasting Source Platform or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to our Podcasting Source Platform, for example, terms that reflect changes to the law or changes specifically to our Podcasting Source Platform. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for the Podcasting Source Platform made for legal reasons will be effective immediately. If you do not agree to the modified terms of the Podcasting Source Platform at any time, you should discontinue your use of the service.

These terms control the relationship between Big Fish Results and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the state of Texas, U.S.A. will apply to any disputes arising out of or relating to these terms or the Podcasting Source Platform. All claims arising out of or relating to these terms or the Podcasting Source Platform will be litigated exclusively in the federal or state courts of Providence, RI, USA, and you and Big Fish Results consent to personal jurisdiction in those courts.

For information about how to contact Big Fish Results, please visit our contact page.