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terms & conditions

When you access or use the OmniPod Website, the OmniPod Service, or any applications (including mobile applications) provided by OmniPod (collectively referred to as “the Service”), you agree that, regardless of access method and regardless of user type, you are bound by OmniPod’s terms of use (use conditions) and privacy policy.

 

The service is owned and controlled by OmniPod ApS. (“OmniPod”)

 These terms of use affect your legal rights and obligations

Accepting these terms of use is a requirement to access the service.

There may be situations where we offer special features with their respective independent terms and conditions that apply beyond these terms of use. To the extent that the terms and conditions of such special function are in conflict with these terms of use, the terms and conditions of the special function are applicable.

Basic Terms

  1.  You must be at least 18 years old to use the service unless your national law/jurisdiction indicate that a lower minimum age is legal or you have parental consent.
  2. You may not use the Service to disclose audio, images, text or other content that is violent, contains nudity, is discriminatory, illegal, (honor) offensive, defamatory, hateful or pornographic.
  3. To use the service, you must create/verify with your Facebook account, Linkedin account or with your google mail. In this regard, you acknowledge that OmniPod gain access to some of your personal data on your Facebook account, Linkedin account or Google mail, including, but not limited to, your public profile and access to friends/connections you have with other OmniPod users.
  4. You are responsible for any activity in your account and you agree that at all times you will keep your username and password secret and you will not sell, transfer, grant a right to or delegate your account, your followers, your username or your office rights. With the exception of persons or companies expressly authorized to create accounts on behalf of their employees or customers, you agree that you will not create an account for anyone other than yourself. You also warrant that any information you disclose or disclosed to OmniPod at any time when you enrolled is accurate and current and that you will keep your information accurate, current and up to date. If you suspect that someone has gained unauthorized access to your account, abuse your name or company please contact hello@omnipodcast.com
  5. You agree that you will not seek, collect or use login information of other OmniPod users.
  6. You may not smite, pursue, bother, abuse, harass, impersonate or intimidate persons or entities and you may not disclose private or confidential information publicly through the service, including but not limited to your or other credit card information, personally identifiable information, CPR numbers (social security number) or similar national ID numbers, non-public telephone numbers or non-public e-mail addresses.

 

    1. You agree that you are responsible for your interactions with other OmniPod users, both on and off the service. OmniPod does not control any OmniPod user’s criminal background and does not represent, warrant or otherwise impose on OmniPod users, including, but not limited to, their conduct and actions. 
  1. You may not use the service for illegal or unauthorized purposes. You agree to comply with all applicable laws, regulations, and regulations (for example international, European, state, national and locally recognized terms) that apply to your use of the Service and your Content (as defined below), including but not limited to, copyright laws, intellectual property rights, personal data subjects and criminal law.
  2. You are solely responsible for your conduct/use and any data, text files, information, users, images, graphics, profiles, audio and video clips, musical works, works of art, applications, links and other content or material (collectively referred to as “content “) that you send, appears or shows on or through the service.
  3. You guarantee that you own the content you post/upload to the Service, or otherwise have the right to assign the rights and licenses to the content specified in these terms of use. You further guarantee that your posts and your use of your content on or through the service do not violate third-party rights, including but not limited to privacy, publicity, copyright, trademarks and/or other intellectual property rights, that you will pay all royalties, fees, taxes, taxes, VAT and any other amounts in relation to the content you access through the Service, and that you have legal right and capacity to accept these terms of use in your jurisdiction. By accessing OmniPod’s services you agree and give full consent and a full, non-paid license, to allow OmniPod to market, promote and expose your profile, logo and content on OmniPod’s website, services, social media and other internal and external material or promotional campaigns. If you wish to revoke this license, please contact hello@omnipodcast.com
  4. You may not edit, modify, adapt or alter the Service or other websites to give a false impression that the services are related to OmniPod’s services or OmniPod in general.
  5. You must not create or submit unwanted email, chat, comments, “like” or other forms of commercial or harassing communications (“spam” / “trolling”) to other OmniPod users.
  6. You may not use domain names or URLs in your username without the prior written consent of the company or third party who owns said domain name.
  7. OmniPod reserves the right to cancel any username for any reason. OmniPod is entitled to but is not required to remove, edit, block and/or monitor content or accounts containing content which, in accordance with OmniPod’s discretion, violate these terms of use.
  8. You may not interfere with or interrupt the service, servers or networks used by the Service, including the transmission of worms, viruses, spyware, malware or any other malicious or degrading code. You may not insert content or code or otherwise change or interfere with the reproduction or display of OmniPod pages in a user’s browser or on a user’s device.
  9. You may not use the Service to create accounts using unauthorized funds, including but not limited to, using an automatic device, script, bot, spider, crawler, or scraper.
  10. Do not try to prevent others from using or benefitting from the service, and you must not encourage or allow any violation of these terms of use or other OmniPod terms.
  11. In case of a violation of these terms of use or OmniPod’s other terms, OmniPod is entitled at your sole discretion to close your OmniPod account. You understand and agree that OmniPod cannot or will not be held liable for the content that is accessed by the service and that you use the service at your own risk. If you violate these terms of use or intent or otherwise expose OmniPod to risk or possible legal exposure, OmniPod may prevent you from using all or part of the Service.
  12. You agree that OmniPod may contact you without further consent regarding, but not limited to, offers regarding products and offers in the app.
  13. You agree that you are responsible for maintaining all the data burdens imposed upon you in connection with your use of the service.

 

General terms and conditions

You agree that OmniPod is not responsible for, and does not accept responsibility for, content that is uploaded or shared on the Service. OmniPod is not required to screen, monitor, edit or remove content. If your content violates these Terms of Use, you are legally responsible for the content in question. OmniPod cannot be held liable for any illegal content on OmniPod’s services uploaded or shared by OmniPod’s users. 

OmniPod reserves the right to remove any content from the Service for any reason and without prior notice. Content removed from the service may still be stored by OmniPod. These situations are described in more detail in OmniPod’s policy on the protection of personal data.

OmniPod reserves the right to change or terminate the Service or your access to the Service at any time for any reason and without prior notice and liability to you if OmniPod deems it necessary. If OmniPod closes your access to the service or disables your account, your images, audio files, and other data are no longer available through your account (for example, users can not navigate to your username and view or listen to your photos or podcasts).

In the event of closure, all of the rights of use and other rights that you have been granted under these terms of use will expire immediately. In case of purchases via the service, OmniPod will automatically terminate your subscriptions, etc. from the day your account closes. You will, therefore, be able to be billed for a period after your account is de facto closed.

OmniPod reserves the right, at its sole discretion, to make ongoing changes to these terms of use (“updated terms”). OmniPod reserves the right to continuously make changes or updates to these terms of use or any other OmniPod terms. OmniPod therefore encourages you to review the policy on a regular basis. OmniPod will notify you of any significant changes or updates, as appropriate. With your continued use of OmniPod or the Service, following changes, you agree to these changes. 

You agree that OmniPod has the right to notify you of updated terms by posting them on the service and that, if you use the service after the date of entry into force of the updated terms, you accept the updated Terms. The updated terms and conditions will come into effect when they are posted or on any further specified date that may be specified in the updated terms and conditions and apply to your use of the service from that time. Any disputes that may arise prior to the date of entry into force of the updated terms are subject to these terms of use. 

You are solely responsible for your interaction with other users of the service both online and offline. You agree that OmniPod is not responsible for or liable for the behavior of other users. OmniPod reserves the right but is not required to monitor or interfere in disputes between you and other users. We encourage you to show common sense and judgment when interacting with others and when sending or retrieving content or any personal or other information. 

The service or communication you receive from/through the Service may contain links to websites or features from third parties. There may also be links to websites or features from third parties in images or comments on the service. There may also be features of the service that allows interaction between the service and a website or a third-party feature, including applications that connect the service or your profile to the service with a website or feature from a third party. OmniPod does not control any third party web services or related content. 

You explicitly agree that OmniPod is not in any way responsible for or liable for any services or functions of any third party. All forms of correspondence or business agreements with third parties through the Service are exclusively between you and the third party in question. You may at your own discretion choose to use applications that connect the service or your profile to the Service with a Third Party Service (hereinafter referred to as “Application”) and such application may interact with, connect to, or collect and/or retrieve information from and to your profile on the service. By using such third party applications, you agree and confirm the following:

  • If you use an application to share information, you agree to share information about your profile on the service
  • Your use of an application may result in the disclosure or attachment of information that can identify you personally, even if OmniPod has not provided the information
  • Your use of the application is at your own discretion and at your own risk and you are required to identify the OmniPod parties (as defined below) for activity related to the application

OmniPod does not allow crawling, scraping, caching and any other access to content on the service through automated methods, including but not limited to user profiles and images (except for standard search engine or technology protocols used by a search engine with OmniPod’s explicit permission ). 

You accept that OmniPod will do its best to but may not always be able to identify paid services, sponsored content or commercial communications.

The service includes content owned by OmniPod, and content OmniPod otherwise has a right to use (“OmniPod Content”). OmniPod content is protected by copyright laws, trademarks, patents, trade secrets, etc., and OmniPod owns the OmniPod content and service and all related rights. You may not remove, modify or conceal any copyright, trademark, service, or other comments regarding patented rights in or in connection with the OmniPod content, and you may not reproduce, modify, adapt, perform, display, publish, distribute, transfer, broadcast, sell, license or otherwise exploit or derive any derivative works of the OmniPod content. 

The OmniPod name and logo are trademarks of OmniPod and may not be copied, imitated or used, either wholly or partially, without OmniPod’s prior written permission. In addition, all page headings, custom graphics, button icons, and script service marks, trademarks and/or trademarks of OmniPod may not be copied, imitated, or used, wholly or in part, without OmniPod’s prior written permission. 

It is OmniPod’s intention that the service be available as often as possible. However, there will be situations where the service may be interrupted, including, but not limited to scheduled maintenance or upgrades, updates or emergency repairs.. 

OmniPod is not a backup service and you agree that you cannot use the backup service or save your content. OmniPod is not responsible for any change, setting or discontinuation of the service or for lost content. You agree that the Internet is at risk of security breaches and that content or other information sent or stored on the service may not be secure. 

Deleting account

If you no longer wish to be a user on OmiPod, you can either disable or delete your account. 

You can disable your OmniPod user under your profile settings via the app. If you wish to delete your account, please send an e-mail to hello@omnipodcast.com 

Notification of infringed copyrights and other intellectual property rights

OmniPod respects other people’s rights and expects you to do the same. 

Violation and violation of other people’s intellectual property rights will result in immediate deactivation of your account and will ultimately be prosecuted by the offending party. 

OmniPod may share your personal information as well as other information regarding a possible violation of any legislation with relevant parties and public authorities including prosecution, police, municipalities, SKAT, and similar authorities in other jurisdictions that have a factual and specific interest in the use of the information found/has existed on OmniPod. OmniPod is required to disclose this data in good faith in accordance with applicable law in that jurisdiction, be it instant messaging, contact information, etc. By using the service you agree that you have understood and agreed that your data may be subject to inspection by these authorities. You can read more about collecting, processing and storing your personal information in OmniPod’s privacy policy. 

Disclaimer

The service is delivered as it is and is present, with all associated errors and omissions. Neither OmniPod or their founders, employees, managers, board or agents (collectively referred to as the “OmniPod Parties”, to the extent permitted by law, provide any kind of warranty or approval, either expressly or implicitly, as regards to:

  • The service
  • OminPod’s content
  • OmniPod’s users
  • User content
  • Security in connection with the transfer of information to OmniPod or through the service.

The parties hereby disclaim all warranties, both express and implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non- infringing nature, access, duty, trade, undisturbed enjoyment, system integration, and protection against computer viruses. 

OmniPod does not warrant that the service will be free from errors or interruptions, that errors will be rectified, or that the service or server providing the service is free of harmful components, including but not limited to viruses. OmniPod makes no representations that the information (including any instructions) on the service is accurate, complete or relevant. You agree that your use of the Service is entirely at your own risk. OmniPod does not warrant that your use of the service is legal in certain jurisdictions, and OmniPod expressly disclaims such warranties. Some jurisdictions do not restrict or allow waiver of implied warranties or other warranties, so the above disclaimer may not apply to you in so far as you and these terms of use are governed by the laws of such jurisdictions. 

With your access to or use of the Service, you warrant that your activities are legal in any jurisdiction where you access or use the Service.

OmniPod does not approve content and specifically disclaims any liability or warranty relating to persons or entities for any loss, damage (both actual injury, consequential damages, pecuniary damage and other damages), personal injury, liability or other forms of compensation or liability on or as a result of content, conduct or subsequent cooperation based on content and use of the service.

OmniPod and the OmniPod parties cannot be held responsible for you and for any loss or damage regardless of nature (including but not limited to direct, indirect, economic, special, accidental loss or damage or consequential damages) in direct or indirect relation to: (a) the service, (b) the OmniPod content, (c) user content, (d) your use of or inability to use the service or service, (e) your use or other OmniPod user’s use of the service in violation of OmniPod’s terms, (f) any actions in connection with a survey conducted by the OmniPod partners or the police as well as superior authorities regarding your or any other party’s use of the Service; ( g ) any actions taken by copyright owners or intellectual property rights, (h ) any errors or defects in the operation of the service or (i ) any damage to a user’s computer, mobile device or other equipment or technology, including but not limited to damage caused by security breaches or viruses, bugs, manipulations, fraud, errors, failures, interruptions, defects, operational delays or transmission, computer failure or network failures or other technical errors or malfunctions, including but not limited to lost earnings, lost goodwill, data loss, shutdown, accuracy of results or computer errors or malfunctions. This also applies even if there are predictable errors, or the OmniPod parties should have been aware of the possibility of such damage, either as a result of a contractual act, negligence, objective liability or an injurious act (including without limitation as a whole or in part of neglect, natural disasters, telecommunications errors, theft or destruction of the service). OmniPod and the OmniPod parties are not liable to you or others for loss, property damage or personal injury, including but not limited to death or serious personal injury, both by use of the service and by subsequent contractual/contractual relationships through the service with a third party. 

Some countries may not allow exclusion or limitation of liability for indirect loss or consequential damages, so the above limitation or exclusion may not apply to you. The maximum parties’ liability for damages, losses or actions can in no case exceed one thousand dollars (1000,00 USD) in those countries and regions where such a maximum limit can be legally determined.

You agree that in the event of loss of property, loss or personal injury caused by OmniPod‘s actions or omissions, any damage you may incur is not irreversible or sufficient to warrant a warrant that prevents the use of any sites, services, property, products or other content owned or controlled by the OmniPod parties and you have no right to prohibit or restrict the development, production, distribution, advertising, display or use of websites, property, products, services or other content owned or controlled by the OmniPod partners. 

By your access to the Service, you agree that you waive any rights relating to claims that are unknown or unexpected at this time and in connection with such termination, you acknowledge that you have read and understood hereby expressly waive any benefits in the Liability Act, the Purchase Act, the Marketing Act, the Contracts Act, and similar protection laws in a country, state or territory. 

OmniPod and OmniPod partners are not responsible for the actions, content, information, or data from third parties. OmniPod and OmniPod Partners cannot be held liable regardless of claims and damages, known or unknown that may arise in connection with a claim against such third parties. 

OmniPod should point out that OmniPod can publish new or change old virtual features with or without a fee. OmniPod can manage, regulate, control, modify and remove virtual features at any time. OmniPod is not liable to you or any third party if OmniPod makes use of such rights. 

The transfer of virtual objects/features is prohibited and you agree that you may not sell, redeem or otherwise transfer virtual items to any person or entity.

Indemnification

You (and any third party on whose behalf you are running an account or activity on the service) , at OmniPod’s request, agree to indemnify OmniPod and the OmniPod Parties for any claims, liability, damages, loss and expenses including, without limitation, reasonable attorney’s fees and costs arising out of or in connection with , but not limited to, any of the following conditions (including as a result of your direct activities on the service or activities performed on your behalf): (i) your content or access (ii) your breach or alleged breach of these terms of use; (iii) your violation of third-party rights, including without limitation, intellectual property rights, publicity rights, confidentiality , proprietary or civil rights; (iv) your violation of any laws, regulations, rules, articles of association, or regulation orders from a public or public body, including without limitation to all regulatory, administrative and regulatory authorities, or (v) any misleading representation on your part. You are required to participate in the defense of a claim to the extent required by OmniPod. OmniPod reserves the right to defend and control any defense against any claims against you and you are not entitled to make claims without OmniPod’s prior written permission.

Arbitration

This applies to disputes relating to (1) your or OmniPod’s intellectual property rights (eg. trademarks, trademarks, domain names, trade secrets, copyright and patents), or (2) violation of the provisions under the basic terms above ( “excluded disputes): You agree that any dispute between you and OmniPod (whether the dispute also involves a third party) regarding your relationship with OmniPod, including, but not limited to, disputes on OmniPod’s policies and conditions, your use of the privacy and/or publicity rights and/or privacy rights shall be final and binding upon arbitration in accordance with the arbitration tribunal in Denmark. You and OmniPod hereby expressly waive the right to bring in disputes before a court. You may only claim claims on behalf of yourself. Neither you nor OmniPod is entitled to participate in collective actions or arbitration of collective actions in connection with claims covered by this Agreement. You also agree that you will not participate in claims submitted to a private legal advisor or equivalent, or in consolidated requirements involving another person’s account if OmniPod is a party to the process. The decision on disputes is subject to Danish arbitration tribunal. Subject to any provisions in the applicable law, the arbitrator may not award damages, remedies or compensation that conflict with these terms of use. 

The arbitration agreement continues after the termination of your relationship with OmiPod. 

You agree that any claims arising out of or in connection with your relationship with OmniPod shall be made within one year after the claim has arisen. Subsequently, the right to make the claim is out of date unless national law may determine otherwise.

Law and jurisdiction

OmniPod’s terms and conditions are governed by the laws of Denmark without regard to the provisions of international private law and are not specifically covered by the United Nations Convention on Contracts for the International Sale of Goods. In connection with any proceedings relating to the arbitration clause in these terms of use or omitted disputes, you agree that you are obliged to bring any disputes that may arise with OmniPod before a Danish arbitration tribunal. 

If one or more of the provisions of these Terms of Use are known to be illegal or invalid by an arbitration tribunal or cannot be enforced for whatever reason, this does not affect the validity or enforcement of the other provisions. If OmniPod fails to claim a right or enforce one or more provisions in these terms of use, this does not constitute OmniPod’s general waiver of such a provision or right. No waiver of one or more terms or conditions in these Terms of Use constitutes a general waiver of such terms or conditions. The dispute resolution clause continues to apply after the termination of your transactions/use of the service. 

Territorial Restrictions

The information made available on the service is not intended to be distributed to or used by persons or entities in jurisdictions or countries where such distribution or use is in violation of applicable laws or regulations or where requirements are claimed that OmniPod must be registered in such jurisdiction or such country. OmniPod reserves the right to restrict the availability of the Service or parts thereof to specific persons, geographic areas or jurisdictions at any time and at its discretion, and to limit the amount of content, programs, products, services, or other features provided by OmniPod. 

Software related to the service or made available through the service may be covered by Danish export restrictions. Therefore, it is not permitted to download, export or retrieve software from the service to another country or to a resident of another country subject to international embargo rules and sanctions. When you download software in relation to the service, you warrant that you are not under the control of, or are a national or resident, in a country that appears on international embargo lists.

Payments

When you make a payment on/through the service, you are representing that you are using a valid and lawful payment method available and that you are legally allowed to use this method of payment. If you use another person or company’s payment method for payment on/through the service, you agree that you have previously obtained express permission for this purchase.

It is possible to buy in-app features in the service as well as different subscription deals.

Buying via OmniPod

You can make different purchases through OmniPod, each containing different features, limitations, accesses, and prices.

All purchases via OmniPod take place via Google Play, iTunes, or other application platforms. You will thus be asked to enter information about your account in your software store where your account will be charged for your purchase in the app in accordance with the terms stated at the time of purchase as well as the general terms of purchase of the app that applies to your account at your software store. Some software stores may charge VAT, depending on where you live. The amount will be credited to your account immediately after your acceptance of the purchase.

In-app purchases on/via the service are limited, personal, non-transferable, non-refundable and cannot be undone. For more info, see details below under “cancellation”.

OmniPod reserves the right to change, restrict, extend or remove content or functionality on the service and in connection with the products/features that may be purchased on the service. OmniPod will notify you of any changes or updates, as appropriate, where these are considered to be material.

If you buy a subscription via the service, it will be periodically automatically recurring and running from the conclusion of the purchase and until you unsubscribe. By purchasing a subscription via the service, you agree that your account will be subject to automatic renewal.

If you do not want your subscription renewed automatically or if you want to change or cancel your subscription, you can change these settings directly in App store / Google Play. Via App Store log into “your email account settings” and “off” for renewal or Google Play in the play shop’s app through “my apps”. If you delete your account on OmniPod or delete the OmniPod application from your device, your subscription will not be canceled.

Subscription and the amount due, for one month, are immediately withdrawn after the purchase of a subscription via the service.

If you cancel your subscription, you can use your subscription until the end of the current subscription period.

Since all purchases are made through Google Play, iTunes or other application platforms, OmniPod should refer to their payment terms.

You can make the following purchases via OmniPod

  1. “Premium”( subscription )
  • With Premium, you get access to features such as advanced sound filter, background sounds, ads-free listening. Premium is priced at 29 DKK/month

 

  1. “Premium Pro”( subscription )
  • With Premium Pro, you get access to features such as desktop module for advanced editing and uploading and an analytics dashboard. Premium Pro is priced at 59DKK/month

 

Cancellation terms for subscriptions

Termination/downgrading of subscriptions (“Premium” and “Premium Pro”) occur with one months’ notice from the last successful subscription renewal. I.e. if you buy a subscription on the 15th of January 2018 and decide to cancel/downgrade your subscription on the 7th of February 2018, you still pay for your subscription until 15 February 2018.

When you cancel a subscription, you still have access to your subscription for the rest of the time you have already paid for.

Does my in-app purchase and subscriptions follow if I change device?

You can restore transactions to maintain access to content you have already purchased.

For example, when you upgrading to a new phone, you do not lose all the items you bought on the old phone.

Observe applicable legislation

OmniPod does not tolerate the support of organizations or individuals of terrorism, organized crime or other hate groups, sects, cults, etc. OmniPod does not support any content, comments or point of views that are expressed in these groups. It is also prohibited to offer or receive sexual services in any form, buy or sell weapons, ammunition, illegal drugs, drugs and drugs, prescription drugs (even if legal in your region) or any other services is illegal in accordance with the law in force in the country (s) concerned.

If you think you are a victim of a threat or witness threats to public security, please report the relationship to hello@omnipodcast.com. OmniPod takes reports of threats very seriously. OmniPod reviews all acts of threatening behavior and language and removes credible threats.

To the best of our ability, OmniPod removes content, disables accounts and cooperates with public authorities, including police if we believe that there is a real risk of physical harm, harassment or a direct threat to public safety.

Respect OmniPod users and others

By using the service, you also agree that you want to communicate in a proper and friendly tone. OmniPod does not accept hateful statements that mention OmniPod, OmniPod users or others negatively, not limited to race, ethnicity, nationality, religion, sexuality, sex, disability, etc.

OmniPod wishes to create a positive and diverse community. OmniPOd, therefore, removes content that contains credible threats or hate speech, content targeted at individuals or businesses aimed at concealing or shame on them, personal information designed to reprint or harass others, as well as repeated unwanted messages, etc.

Help us create a strong community

Each OmniPod user plays an important role in OmniPod. OmniPod would therefore like to encourage you report if you see anything you believe violates OmniPod’s rules. Please help us by sending us an e-mail to hello@omnipodcast.com with any relevant information. OmniPod takes this feedback very seriously and reviews all the feedback. In this connection, OmniPod will investigate and assess whether the content is incompatible with OmniPod’s rules and should, therefore, be removed, as well as deactivating accounts that may be harmful in any way. When completing a review, please enter as much information as possible, such as links, usernames, and descriptions of the content so OmniPod can quickly find and browse the content.

It is also possible that you find content that you do not like, but that does not violate OmniPod’s rules. If that happens, you can simply un-match person who posted the content.

These terms have been updated on May 12th 2019.