Podbase´s Terms explains the terms and conditions under which Users are able to use the Podbase Platform provided by Podbase. Please read carefully this document and keep a copy of it for your reference.
BY REGISTERING ON THE PODBASE SITE OR INTERACTING WITH OUR PLATFORM, OR BY PLACING AN ORDER FOR PODBASE’S SERVICES FROM THE SITE, USERS AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS STATED IN THIS DOCUMENT. PODBASE’S PLATFORM ARE OFFERED SUBJECT TO YOUR ACCEPTANCE OF ALL OF THE TERMS CONTAINED HEREIN. USERS ARE ADVISED TO READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM AS THESE TERMS REPRESENT A BINDING CONTRACT WITH PODBASE, UAB, Leičių g. 9-100, LT-12109 Vilnius. PLEASE BE INFORMED THAT PODBASE HAVE OTHER MANDATORY POLICIES INCLUDING, WITHOUT LIMITATION, RETURN POLICY, PRIVACY POLICY. THOSE POLICIES CONTAIN ADDITIONAL TERMS AND CONDITIONS, WHICH APPLY TO THE PLATFORM AND ARE PART OF THESE TERMS. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS , DO NOT USE OR ACCESS OUR PLATFORM.
These Terms do not interfere with any obligation or authorization provided in any other agreement between Users and Podbase. Provisions of any individual Agreement between Users and Podbase supersede provisions from these Terms.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service:
2.1 By using our Platform User confirms that User:
If User is accessing our Platform on behalf of a legal entity, User further confirms that:
2.2 We may not control who uses the Platform, so it is upon Users to assess whether using the Platform is in compliance with any local laws and regulations. Whenever Users are using our Platform they will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Platform is not in compliance with User’s local laws, User may not use the Platform. These Terms are void where prohibited by law, and the right to access or use the Services is revoked in such jurisdiction. The Platform will be considered as ‘not available in your region’.
2.3 Podbase offers a system for ordering, manufacturing and delivering customized printed Products with custom User Generated Content. Access to these Services is available upon registration and payment of the Service fee which is done through proper forms on the Site.
2.4 We reserve the right, with notice, to refuse Services, cancel or reduce the quantity of any order to be filled or Products to be provided that may result in a violation of these Terms, as determined by us in our sole discretion. Podbase may change, suspend or discontinue the Platform, fees, charges, these Terms at any time, including the availability of any feature or content of the Platform, but without affecting lawful orders which Podbase has already confirmed.
2.5 Podbase makes every effort but cannot guarantee or warrant that the Platform will meet User’s requirements or be available on an uninterrupted, secure, or error-free basis. We will undertake and implement all reasonable and necessary measures to maintain the security and integrity of the Platform, the Information provided by Users. Podbase cannot and does not guarantee 100% uptime for its Platform. Platform, may be down for (i) scheduled maintenance, (ii) force majeure events, (iii) specific Users because of account suspension or termination, (iv) internet problems outside of Podbase’s area of influence, (v) bugs in code, hardware or Services without a commercially known fix. The Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2.6 Merchants understand and agree that Podbase does not make any warranties about the Products that Merchants sell or make available through Podbase and that Merchants are solely liable toward their customers or any Third-Parties. In the event of any dispute between Merchants and their customers or Third-Parties, Merchants agree not to involve or include Podbase in any respect. Merchants will indemnify and hold Podbase harmless for any damage, cost, expense, including, but not limited to attorney fees that may arise from the relationship between Merchants and their customers or Third-Parties.
2.7 Some of the Services provided are only available to registered Users. During the registration process, Users will be asked to provide necessary personal information, the collection, use, and storage of which is regulated by our Privacy Policy document and applicable laws. Podbase is committed to protecting User’s personal data and privacy and our Privacy Policy explains how we are processing User’s personal information. By accepting the Terms, you are also accepting and acknowledging our Privacy Policy. Users must read and familiarize themselves with the Privacy Policy.
2.8 Users are required to provide true, accurate, current, lawful and complete information about themselves as prompted by forms provided. If Users provide information contrary to aforementioned conditions, we may deny or terminate their access to parts of our Services. We are not responsible for any failure to provide the Services or any damages which results from information that is not true, accurate, current, and complete.
2.9 Users understand that it is their responsibility to keep their log in information fully confidential. Users are responsible for all activity under their account. If Users ever find out or suspect that someone has accessed their account without authorization, Users must notify Podbase immediately of any breach of security or unauthorized use of User account. Podbase will not in any case be liable for Users’ losses or losses of any Third-Party caused by any unauthorized use of User’s account.
2.10 Users are informed that the personal accounts they create when registering on the Platform are valid as long as the Users actively use their accounts (e.g., log in to their personal accounts) and for up to 2 years after the last login. If the Users do not log in to their personal accounts for 2 years, i.e., if the accounts are inactive, We have the right to terminate the inactive accounts. Users are informed that upon termination of their accounts, We will make reasonable efforts to return any unused balance stored in the Users' accounts. If we are unable to return the balance, we may be entitled to retain the unused balance in accordance with applicable laws.
2.11 Users agree that they will not in any way misuse our Platform, including any intellectual property of Podbase. A misuse constitutes any use, access or interference with the Platform contrary to the Terms, including Privacy Policy, Return Policy and applicable laws and regulations.
2.12 We can, in our sole discretion, suspend or terminate access to all or parts of the Platform, certain features to any User, without prior notice or need to deliberate on reasons for such measure and without liability. This will not affect the lawful orders which Podbase has already confirmed.
2.13 We reserve the right to deny Platform to anyone at any time without affecting the lawful orders which Podbase has already confirmed.
2.14 During the use of our Platform, Users will not behave contrary to the Terms, including Privacy Policy and Return Policy,, applicable laws and regulations, and they will especially not, without limitation, do any of the following:
2.15 If Users provide us with their e-mail address, we may contact them using such contact information, for any matters relating to performance of the Terms (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and Users are not able to opt-out of receiving them. Users may opt-in to receive e-mails about news, promotions, special offers and or other topics of interest related to Podbase and our affiliates (Promotional e-mails). Users may choose to stop receiving these Promotional e-mails at any time by following the instructions contained in Promotional e-mails or by contacting Podbase at support@podbase.com.
2.16 For any question or suggestion please contact us at support@podbase.com
3.1 All intellectual property rights connected to the Site, Services, Content, software or technology used with the Platform are the sole property of Podbase or are used under appropriate licenses or permissions. Nothing in these Terms shall be understood or intended for transfer of such intellectual property rights to User or any other Third-Party.
3.2 Subject to Users’ compliance with these Terms, we grant them a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform. Except as expressly permitted in these Terms, Users may not: copy, modify or create derivative works based on the Services; distribute, transfer, sublicence, lease, lend or rent the Services to any Third-Party; or reverse engineer, decompile or disassemble the Services, the Platform; or perform any other illegal actions.
3.3 By using our Platform, you undertake not to infringe Podbase’s intellectual property rights and those of Third-Parties. You agree and represent by accepting these Terms and using our Platform that you own all intellectual property rights for the User Generated Content you post, otherwise provide or use in connection with any Content and the Services provided under these Terms (including submitting User Generated Content for printing, selling, distributing, etc.). If you use intellectual property of the Third-Party, you must have a legal basis, e.g. a written permission to use it. Podbase shall not be responsible or liable for any violations of intellectual property rights of any Third-Party. You agree to take full responsibility and liability for any infringement of Third Parties rights, including intellectual property rights.
3.4 During the term of these Terms, Users may be required to provide or volunteer to provide certain Confidential Information to Podbase and Podbase may disclose certain Confidential Information to Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any Third-Party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of these Terms, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
3.5 Users agree to give Podbase, their employees, affiliates, and agents access and the right to use all Confidential Information that is necessary for the provision of Services. Both parties agree to allow access to Confidential Information only to personnel committed to confidentiality either by agreement or statutory obligations. Collection, storage and use of information obtained from Users is governed by our Privacy Policy document.
3.6 Podbase is committed to appropriate legal procedures to remove infringing content from the Services. Podbase reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Platform; and / or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others.
3.7 When we receive notice of intellectual property infringement, Podbase strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Podbase removes, blocks or disables access in response to such a notice, Podbase makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
3.8 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
3.9 Our copyright agent can be reached as follows: Email: support@podbase.com
3.10 If Users provide Content (User Generated Content) through the Platform, they grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform, and on any other Product or material we may create, and to promote Podbase and / or the Services in general, in any formats and through any channels, including across the Site, Services, Third-Party website, advertising medium, and / or social media. However, this usage is restricted to Podbase and its direct promotional activities, ensuring that the Content will not be shared beyond Podbase without further explicit consent from the Users. Whenever Users upload Content (User Generated Content), they warrant that they have the right to do so and to grant Podbase the necessary licenses as described herein. Users remain the owners of any intellectual property rights that they have on the Content (User Generated Content) that they provide. Additionally, Podbase commits to protecting the confidentiality of User Generated Content and will enter into confidential agreements to ensure that the Content is not disclosed to unauthorized third parties.
3.11 We do not monitor User Generated Content. Users agree to inform us immediately if they come across any illegal activity, activity that is in breach of these Terms, or activity they suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third-Parties, we do not pre-screen the content, so Users hereby agree that they use the Platform and the Services at their own risk. We reserve the right to remove any Content which we find to constitute a breach of these Terms or relevant laws, without prior notification to Users or without providing reasons for such action. Users recognize and agree that Podbase bears no obligation regarding the risk, harm, damage, or loss that might occur from Content submitted to or distributed on the Platform. Users further understand that by providing their Content online, other people will have access to such Content, and they will be able to copy, share or otherwise interact with such Content. If Users do not want their Content to be used as described the only remedy is to not share such Content.
4.1 All prices for listed Services are available on the Site. Without affecting orders which Podbase has already confirmed, Podbase reserves the right to change and update our prices periodically at any time and without notification. All changes become effective from the day of publishing. For European Economic Area users, all prices are shown with the applied value added tax only during checkout when the delivery address is entered and necessary account information is provided. Users understand and agree that it is their responsibility to pay applicable taxes for their use of the Services.
4.2. We make every effort to avoid any misrepresentation, nevertheless, if the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse, cancel any order placed for Services listed at the incorrect price, or ask you to pay the correct price. If the payment of the incorrect price has already been made and you no longer wish to proceed with the order with our revised correct price, we will return the same amount of money you paid upon cancellation.
4.3 Before sending the Product to the recipient, Users are advised to familiarize themselves with import or customs laws and taxes of the recipient’s country. Any cost, fee, duty, tax or other expense caused by delivery or return delivery of the Product shall be borne by either User or the intended recipient. Users must also read and familiarize themselves with the Return Policy.
4.4 Ownership of the products will pass to the user only after we receive full payment of all amounts due, including delivery charges and taxes, and the order package reaches the delivery address specified in the order. If the order is not accepted by the final receiver or if the address is incorrect, it is the user's responsibility to verify the information with the final receiver and cover the cost of reshipment if the user wishes to proceed with the delivery.
4.5 If Users are paying by credit card, they must provide valid and current information necessary to process the payment. Users agree and authorize us to charge their credit card for all fees payable during the purchase process. By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Podbase for damages resulting from such unauthorized use.
4.6 User can pay for Services with the Wallet. In order to be able to pay with the Wallet, User must first top-op money from User’s bank account to the Wallet. After this, User will be able to see User’s available balance in euro (€) currency. At the time of top-op and / or payment for the Service, User will receive a confirmation that the top-op or payment is received.
4.7 Users may cancel the order that they have placed up until the point the Product they ordered has been submitted for print. If Users cancel their order before the Product has been sent for printing, we provide them with the refund in the amount that they paid to Podbase minus our processing fee. We may cancel a placed order for important reasons and will use commercially reasonable efforts to provide Users with notice that the order has been cancelled. In the event that the order has been cancelled by us we will issue full refund to the payment method used for payment or, if for any reason such payment is not possible, Users will be issued store credit in the amount that they paid to us. Users hereby release us of any liability for our cancelling of their order. If there are any unexpected delays in delivery for printing, we will use reasonable efforts to notify Users on the delay.
4.8 In the event that a User has added funds to their Podbase e-wallet accidentally or has immediately changed their mind and wishes to withdraw these funds, a processing fee of 0.02% of the amount to be withdrawn will be deducted. Should the funds remain in the User's Podbase e-wallet for a period exceeding thirty (30) days from the date of deposit, the User shall be entitled to withdraw the funds without incurring any fees. If the funds present in the User's Podbase e-wallet are a result of a refund, the User shall be entitled to withdraw these funds without any fees, regardless of the time elapsed since the funds were credited to the e-wallet.
5.1 We are unable to deliver Products to Private Bag or Post Office Box addresses. If User’s order has been accepted by us, User will receive a confirmation email. If Users do not receive a confirmation email within two working days counting from the day of placing the order, they need to contact us at support@podbase.com. Only when Users receive the confirmation email will their order be considered as accepted.
5.2 We will use reasonable efforts to deliver the Product as quickly as possible within a reasonable time, but we are not responsible for any delays in delivery which are beyond our control. We do not make any promise or warranty as to the delivery date for the Product. The approximate time of delivery to US, EU or other territory is displayed on the Site. We make this non-binding estimate based on our knowledge and experience at that time. Make sure to place the order in advance of the intended delivery date. Podbase does not accept any liability and Users hereby release us from any liability for any damage caused by the early or late delivery of the Product, failure to deliver the Product, or User’s reliance on the estimated date of delivery.
5.3 We deliver to most places in the world. If we do not deliver to the country your indicated in the order, we will inform you within a reasonable time that delivery to the country you specified is not possible. Delivery prices are additional to the Product’s price and may vary depending on delivery location and / or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown here. We will inform you if any additional delivery charges apply to your specific delivery address.
5.4 We may provide Users with the option to obtain coupons or gift cards for use of our Services. If provided, all coupons and gift cards are non-refundable and may not be exchanged for money. If coupons or gift cards have an expiration date, they are only valid until such date and will be forfeited without refund if not redeemed before the expiration date.
The risk of damage or loss of goods shall be passed to the User upon delivery of the package to the address specified in the order.
6.2 In the case of non-conformity of the Products with the order, Users are entitled to have the Products restored to conformity with the order free of charge, choosing either repair or replacement, or, to have the price reduced or the order rescinded due to material breach of Terms. In the latter case, User has the right to demand the return of the money paid by User.
6.3 User does not have the right to cancel User’s order or change mind if the ordered Products are made by User’s specification and are clearly personalised with User’s designs and / or may also be sealed for health protection or hygiene reasons, and / or both.
6.4 Our warranty on the quality of the Product does not extend to the colors, color schemes, and product sizes. Due to the differences in the display screens, Product properties and manual measurements colors and sizes might slightly differ from those that are displayed. Podbase shall not be responsible and liable for these possible differences.
6.5 Delivery costs for returning the Product to be repaired or replaced under this section shall be borne by Podbase, as well as any costs related to the delivery to User of the repaired or replaced Product.
7.1 The Services may be made available or accessed through Third-Party services and content (including advertising) that Podbase does not control. Users acknowledge that different terms of service and privacy policies may apply to Users’ use of such Third-Party services and content. Podbase does not endorse such Third-Party services and content and in no event shall Podbase be responsible or liable for any products or services of such Third-Party providers.
7.2 Costs of using Third-Party services fall solely on User. Some countries have specific import regulation on custom printed materials. Please make sure to comply with these rules prior to requesting Services from Podbase.
8.1 To the fullest extent permitted by laws, Users will indemnify and hold harmless Podbase, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with their access to or use of the Site, Platform and our Services, content which Users provide, or Users’ violation of these Terms.
8.2 Podbase is not responsible and liable for any damages and liabilities User or any Third-Party incurs if User breaks the law, violate these Terms or any rights of Third-Party and it results in any legal action or dispute.
9.1 USERS AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THEIR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PODBASE SERVICE IS TO STOP USING THE PODBASE SERVICES.
9.2 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND / OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PODBASE, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PODBASE SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF PODBASE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PODBASE’S AGGREGTATED LIABILTY EXCEED THE AMOUNT USER PAID PODBASE, IF ANY, WITHIN THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9.3 Podbase, its employees, agents, and its directors do not accept any liability and Users hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. Podbase is not liable for loss (whether directly or indirectly) caused by Users’ actions or decisions based on their reliance on the information provided to Users through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services.
10.1 WITHOUT AFFECTING ORDERS WHICH PODBASE HAS ALREADY CONFIRMED PODBASE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MAKE CHANGES, MODIFY OR REPLACE ITS TERMS OF SERVICE AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF SERVICE WILL TAKE EFFECT IMMEDIATELY UPON POSTING. USERS ARE CONSENTING TO KEEP THEMSELVES UP TO DATE WITH THE LATEST POSTED TERMS AND THEY ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF THEY ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED IT ON OUR SITE. THE TERMS APPLY REGARDLESS FROM WHICH DEVICE OR OPERATING SYSTEM USERS ACCESS OUR SERVICES.
11.1 Privacy Policy of Podbase is a part of Podbase’s Terms that explains how your information is used. By accepting these Terms, you are also accepting and acknowledging our Privacy Policy.
12.1 This Agreement shall be governed by and construed under the laws of Lithuania, without regard to its conflict of law provisions. Users agree that if they have any dispute with Podbase they will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations Users agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of Vilnius, Lithuania.
12.2. In case of any dispute, the European Union User (consumer) can contact the consumer authority located in his or her country or the European Union User (consumer) can decide to access the platform at http://ec.europa.eu/odr/ for alternative extra-judicial resolution of disputes provided by the European Commission.
13.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
13.2 The section titles in the Terms are for convenience only and have no legal or contractual effect.
13.3 No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship is intended or created by these Terms.
13.4 Any failure to exercise or enforce any right or the provision of these Terms shall not constitute a waiver of such right or provision.
13.5 User cannot assign or transfer any right or obligation under these Terms to a Third-Party without obtaining prior written consent of Podbase. Podbase at its own discretion reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time, including the right to engage Third-Party manufacturing services to perform any Services. Such transfer or assignment will not reduce guarantees of User under the Terms.
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