Terms of Service
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Wylto, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services.
Use of our Services requires a wylto.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Restrictions and Limitations. Developer or Organization may not: (a) license, sublicense, sell, resell, rent, transfer, assign, distribute or otherwise commercially exploit or make the Platform, or any portion thereof, available to any third party, except as expressly permitted herein and subject to the terms set forth in these Terms; (b) reverse engineer, disassemble, or decompile the App or any other software required for use in connection with the Platform or otherwise attempt to discover the source code for, or any trade secrets related to, the App or the Platform; (c) remove any copyright, trademark or other proprietary notices from the Platform, or any component thereof; (d) modify, alter or create any derivative works of the Platform or any component thereof; (e) reproduce or distribute the App or the Platform or copy any ideas, features, functions, or content thereof, except as expressly permitted under these Terms; or (f) use the Platform, or any component thereof, for any purposes other than as expressly permitted herein. In using the Platform, You must at all times comply with all applicable laws, rules and regulations. All rights not expressly granted in these Terms are reserved by Wylto.
Suspension of Services. Wylto may suspend Developer or Organization's right to access or use any or all of the Wylto Platform immediately upon notice to you if Wylto believes in good faith that: (a) Developer or Organization’s use of the Wylto Platform: (i) poses a security risk to the Wylto Platform or any third party, (ii) may adversely impact the Wylto Platform or the systems or content of any other user, or (iii) may subject Wylto, its users, or any third party to liability; or (b) Developer or Organization is in material breach of any of these Terms, including without limitation the Developer or Organization Content rules or Developer or Organization Conduct rules set forth in Section 6 below, or if Developer or Organization fails to pay the License Fees on a timely basis.
Ownership of Platform. The Wylto Platform, and all content and materials contained therein other than any Developer or Organization Content (as defined below), are owned solely by Wylto and are protected by U.S. and international copyright laws. No title to or ownership of the Platform, the App, the Wylto Platform or any proprietary rights associated therewith is transferred to you by these Terms.
Feedback. In the event that you provide Wylto with any comments, suggestions, opinions, observations, usage information, and feedback on the Platform, including ideas for improvements, enhancements and other changes to the Software (collectively the “Feedback”). You agree that such Feedback is the confidential information of Wylto and that Wylto will be the sole owner of all Feedback, including all patent, copyright, trademark, trade secret and other intellectual property rights therein, and may use and implement such Feedback in whole or in part without any notice or attribution, payment or other compensation, to you or any third party. You hereby assign to Wylto all right, title and interest you may have in and to all Feedback. You further agree to execute such documents and take, at Wylto’s expense, such actions as Wylto may reasonably request to effect, perfect, confirm and enforce Wylto’s ownership interests and other rights as set forth in this Section 2.
Developer or Organization Content and Conduct
Developer or Organization Content Rules. Developer or Organization may create or provide content, data, code, information, documents and other items (including Bots) for use in connection with the Wylto Platform (collectively the “Developer or Organization Content”). Developer or Organization is solely responsible for all Developer or Organization Content, and Wylto shall not be responsible or liable in any manner for such Developer or Organization Content or for the use, availability, deletion, correction, destruction, damage, or loss thereof. Developer or Organization shall not create, upload, transmit, publish or otherwise use, on or in connection with the Wylto Platform, any Developer or Organization Content that: (a) infringes upon or violates the rights of any third party including any copyright, trademark, trade secret, or other intellectual property rights, rights of publicity, rights of privacy, or contract rights; (b) is illegal, defamatory, obscene, pornographic, vulgar, indecent, lewd, offensive, threatening, abusive, harmful, inflammatory, deceptive, false, misleading, or fraudulent; (c) promotes hatred, discrimination, bigotry, racism, harassment, violence or harm against any individual or group; (d) violates, or encourages any conduct that would violate, any applicable laws, rules or regulations or give rise to any civil liability; (e) contains any viruses, corrupted data or other harmful, disruptive or destructive files; (f) restricts, interferes with or inhibits any other person from using or enjoying the Wylto Platform; (g) that is directed to children under 13, contains any protected health information or involves financial products or services; or (h) that would otherwise expose Wylto or any third party to liability, special regulations, or harm of any kind. Wylto reserves the right to delete or block access to any Developer or Organization Content at any time and for any reason in its sole discretion, including if it receives any notices or otherwise believes that such Developer or Organization Content may be in violation of these Terms or Use or may otherwise violate the rights of, or cause any harm or liability of any kind to, Wylto or any third party.
License to Developer or Organization Content. We claim no ownership rights in Developer or Organization Content. Developer or Organization hereby grants to Wylto a nonexclusive, non-transferable, royalty-free, sublicensable, worldwide license to access, reproduce, distribute, publish, display, perform, adapt, modify and otherwise use the Developer or Organization Content to provide and maintain the Wylto Platform as set forth in this Agreement.
Developer or Organization Representations and Warranties; Indemnity. Developer or Organization represents and warrants that (a) the Developer or Organization Content is original to Developer or Organization and do not and will not infringe upon or violate the intellectual property or other rights of any third party or these Terms, and (b) Developer or Organization will comply with all applicable laws, rules or regulations in connection with its use of the Wylto Platform. Developer or Organization shall defend, indemnify, and hold Wylto harmless from and against all third party claims, actions, proceedings, damages, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorney fees) arising out of or related to the Developer or Organization Content, Developer or Organization’s conduct, use or misuse of the Wylto Platform, or any breach or alleged breach of any of the representations or warranties set forth in this Agreement.
Payment. Unless otherwise expressly set forth in the applicable Subscription Plan or agreed to in writing by the parties, payment of the License Fees will be by credit card, and Wylto will automatically charge Developer or Organization's credit card on file in advance for the License Fees for the Initial Term and each Renewal Term (e.g. each month for a month-to-month subscription) until the subscription is terminated by either party. Developer or Organization will update the credit card information as necessary to ensure that Wylto always has a valid credit card number on file.
Developer or Organization represents and warrants that the Wylto Platform, when used as authorized in these Terms, excluding any Developer or Organization Content or Third-Party Content, do not infringe upon or violate the intellectual property rights of any third party.
DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, Developer or Organization ACKNOWLEDGES THAT THE Wylto PLATFORM AND ALL ITEMS AND SERVICES PROVIDED IN CONNECTION THEREWITH ARE BEING PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR ARISING BY LAW, REGARDING THE Wylto PLATFORM (INCLUDING THE APP, THE SITE, AND THE HOSTING SERVICES) OR ANY CONTENT OR OTHER ITEMS YOU MAY FIND ON THE Wylto PLATFORM, INCLUDING WITHOUT LIMITATION REGARDING THE RELIABILITY, AVAILABILITY TIMELINESS, QUALITY, SUITABILITY, PERFORMANCE, SECURITY, ACCURACY OR COMPLETENESS. Wylto EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITION, WITHOUT LIMITING THE FOREGOING, Wylto DOES NOT REPRESENT OR WARRANT THAT (A) THE Wylto PLATFORM WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULTS; (C) ANY DATA, ANALYSIS OR REPORTS SHALL BE ACCURATE OR RELIABLE; (D) MINOR ERRORS OR DEFECTS SHALL BE CORRECTED; (E) THAT THE SERVICES SHALL BE UNINTERRUPTED OR FREE FROM BUGS, ERRORS, OMISSIONS OR INTERRUPTIONS; OR (F) THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Responsibility of Visitors
Wylto has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Wylto does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Wylto disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which wylto.com links, and that link to wylto.com. Wylto does not have any control over those non-wylto.com websites, and is not responsible for their contents or their use. By linking to a non-wylto.com website, Wylto does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wylto disclaims any responsibility for any harm resulting from your use of non-wylto.com websites and webpages.
This Agreement does not transfer from Wylto to you any Wylto or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Wylto.Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Wylto or third-party trademarks.
The videos, articles and other content made available on third-party websites may be protected by copyright and other applicable laws.We do not necessarily monitor any materials posted, transmitted, or saved to or with the Wylto. By posting, sharing or saving any videos, articles or content, you represent that doing so does not infringe any third party’s copyrights, trademarks, privacy rights or other intellectual property or legal rights of any kind.We also reserve the right to terminate the account of any user who transfers or saves content in violation of this Agreement. We shall have no liability or responsibility to users for performance or nonperformance of such activities. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate the terms of this Agreement or infringe any third party’s legal rights.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Podcast Rss feed rules
By submitting an RSS feed of a podcast you are indicating that you have the worldwide ownership rights to distribute the content. If you add another party’s content without their permission, it may result in the termination of your account and other legal action from the content owners. If we have reason to believe that you don’t have the rights to content on your Podcast Portal account, we may not allow the content to be published or may remove the content if it’s already been published.
Wylto may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your wylto.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Wylto and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wylto nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
You agree to indemnify and hold harmless Wylto, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Limitation of Liability
In no event will Wylto, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data;. Wylto shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.