Terms and Conditions
Article 1 – General Information
Welcome to the LawPodcast Application Terms of Use. These terms cover the website accessible at https://lawpodcast.co (hereinafter referred to as the “Site”) and its desktop, tablet and mobile applications (hereinafter referred to as the “Application”).
The Site and the Application are created, developed and operated by Albert Medya Yazılım ve Dijital Yayıncılık Hizmetleri A.Ş. (hereinafter referred to as “LawPodcast”), a Turkish company located at Esentepe Mh. Keskin Kalem Sk. Arya Plaza Blok No:17/2 Şişli/İstanbul.
To access and use the LawPodcast Free Service, users must (i) be at least 18 years old, (ii) create and register a personal account, and (iii) unconditionally accept these terms of use (including the Privacy Policy) (hereinafter referred to as the “Terms”) during registration.
Use of the Site and the Application is permitted for personal and private use only; therefore, any other use is strictly prohibited.
Article 2 – LawPodcast Free Service
The LawPodcast Free Service is an advertising-supported service that offers every registered user (hereinafter referred to as the “LawPodcast Free User”) unlimited (hereinafter referred to as the “LawPodcast Free Service”), on-demand free streaming of audio recordings and other academic and cultural content (such as podcasts, radio stations and, in certain regions, audiobooks) (hereinafter referred to as the “Recordings”), containing audio and video advertisements, on any device (portable or non-portable), without a download or linked download function.
The streaming service can be used by listening to individual podcasts or by creating playlists.
Article 3 – Access to and Use of the LawPodcast Free Service
Use of the LawPodcast Free Service requires a high-speed Internet connection for personal computers and Internet service for portable devices. These connections are not provided by LawPodcast; therefore, in order for the LawPodcast Free User to use the LawPodcast Free Service, they must first subscribe to a high-speed Internet and/or mobile Internet offer.
A mobile Internet connection over third or fourth generation (3G or 4G) mobile technology is strongly recommended.
The Recordings available as part of the LawPodcast Free Service are subject to agreements in force with the relevant rights holders and may therefore be subject to change. LawPodcast cannot guarantee the availability of a specific recording, person or group in the LawPodcast Free Service catalogue.
Likewise, LawPodcast cannot guarantee that a recording, person or group in the LawPodcast Free Service catalogue will remain in the catalogue indefinitely. LawPodcast accepts no responsibility for the withdrawal of any part of the catalogue content made available.
As a LawPodcast Free User, you can activate the LawPodcast Free Service on one personal computer (PC or Mac) and one compatible portable device. The LawPodcast Free Service can only be accessed from one connection at a time (registered personal computer or compatible portable device). LawPodcast has the technical means to verify multiple simultaneous connections made from the same account and can therefore detect attempts to establish multiple connections.
Article 4 – Availability of and Changes to the LawPodcast Free Service
The LawPodcast Free Service is accessible seven days a week, 24 hours a day, subject to the Terms and in particular the conditions of Article 7 below. However, LawPodcast has the right to make any changes and improvements to the LawPodcast Free Service that it deems necessary.
In addition, LawPodcast reserves the right to temporarily suspend access to the LawPodcast Free Service, without notice or compensation, in order to ensure the continuity of the LawPodcast Free Service or to carry out necessary maintenance. LawPodcast also has the right to permanently terminate the Service without paying compensation. The permanent termination of the LawPodcast Free Service will be announced via the Site or the Application.
Article 5 – Conditions of Access to the LawPodcast Free Service
The LawPodcast Free User declares that they are in a position to accept these Terms; in other words, that they are at least 18 years old and not subject to a legal protection measure (such as legal guardianship).
Article 6 – Responsibility of the LawPodcast Free User
i) All LawPodcast Free Users may publish messages, information and/or comments on the Site and the Application. The LawPodcast Free User is responsible for all messages, content or information they publish on the Site and the Application; LawPodcast should be considered solely an Internet hosting service provider. Therefore, LawPodcast cannot be held responsible for content published on the Site or the Application by the LawPodcast Free User which LawPodcast has no authority to supervise or control.
To eliminate the possibility of being held liable, the LawPodcast Free User expressly states that all messages they publish on the Site or the Application will comply with the following requirements (including but not limited to):
- Not infringing the intellectual property rights of third parties; accordingly, the member agrees not to publish on the Site or the desktop Application any content protected by copyright law, a registered trademark or, more generally, any content protected by any other intellectual property right of third parties without the prior permission of the holder(s) of such right;
- Not containing any computer virus that could suspend, destroy or affect the functions of the Site or the desktop Application;
- Not praising crime or criminal behaviour, and not containing illegal or threatening messages, or subversive racist, religiously discriminatory, hateful, obscene, defamatory, pornographic or paedophilic messages contrary to public order and public morals;
- Not interfering with the right to privacy or encouraging disrespect for people's reputation;
- Not encouraging violence, fanaticism, crime, suicide or hatred based on religion, race, gender, sexual orientation or ethnic origin;
- Not harassing other Users;
- Not supporting or encouraging any criminal act or attempt;
- Not requesting passwords and/or personal information for commercial or illegal purposes and/or not providing such information;
- Not transmitting e-mail chains, unsolicited bulk e-mails, instant messages, advertising messages or spam;
- Not containing advertising and/or propaganda to offer products and/or services via the Site;
- Not containing Internet links or addresses redirecting to external websites whose content violates applicable laws and/or regulations or third-party rights, or causes a breach of the Terms.
ii) The LawPodcast Free User agrees not to use any automated system, such as scripts, to add Users to their User account and/or to send comments or messages.
iii) The LawPodcast Free User is solely responsible for the confidentiality and protection of their password and agrees never to disclose their password to another User and not to use another User's account, name or password.
iv) The LawPodcast Free User confirms the accuracy of the information they provided to LawPodcast during registration and agrees to inform LawPodcast of any changes.
v) The LawPodcast Free User accepts that if their use of the Site or the Application violates the Terms and, more broadly, any applicable regulation, law or third-party rights, LawPodcast has the right to immediately block the User's access to the LawPodcast Free Service and/or remove the User from the LawPodcast Free Service without notice.
vi) If the LawPodcast Free User violates applicable laws or any third-party right, LawPodcast has the right, upon the request of any legal authority (courts, administrative authorities and police forces), to provide information enabling or facilitating the identification of the offender.
Article 7 – Disclaimer of Warranty
The LawPodcast Free User declares that they have been informed of the restrictions and limitations of the Internet network.
Consequently, LawPodcast shall in no way be liable for malfunctions in access to the LawPodcast Free Service, the loading speed and readability of pages on the Site and/or the Application, the listening speed of the Recordings, the temporary or permanent unavailability of the LawPodcast Free Service, or the fraudulent use by third parties of the information provided on the Site or the Application.
Therefore, the LawPodcast Free User is responsible for protecting their equipment, in particular against any unauthorized access and/or virus infection, and LawPodcast cannot be held responsible for this in any way. LawPodcast shall not be held liable for any malfunction of or damage to the LawPodcast Free User's equipment.
More broadly, LawPodcast accepts no liability for breaches of obligations arising from natural events, external forces or causes beyond its reasonable control, including but not limited to Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, power failures, strikes, labour disputes, riots, insurrections, civil unrest, shortages of labour and materials, fires, floods, storms, explosions, natural disasters, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or changes in temperature, light or ventilation conditions, and more broadly all unstoppable and unforeseeable events that prevent the proper functioning of operations.
LawPodcast cannot be held liable if the LawPodcast Free Service turns out to be incompatible with certain features and/or equipment of the LawPodcast Free User.
As a result, the LawPodcast Free User is solely responsible for their use of the LawPodcast Free Service and may not hold LawPodcast liable for any claim and/or action in this regard. The LawPodcast Free User shall be personally liable for any claim, demand or opposition and, more generally, any action brought against LawPodcast by a third party in connection with their use of the LawPodcast Free Service.
Article 8 – Intellectual Property
The general structure of the Site, the Application, the LawPodcast Free Service and all the elements composing them (including but not limited to logos, domain names, podcasts and photographs, images, texts and the biographies of podcast publishers, guests and industry professionals) are the exclusive property of LawPodcast and/or its licensors (in particular podcast creators, publishers, the community, etc.).
These elements are protected by laws on intellectual property and other rights, in particular copyright. You may use these elements only for the purposes of using the LawPodcast Free Service, in accordance with these Terms.
Any representation of all or part of the Site, the Application, the LawPodcast Free Service and/or the elements composing them (as described above) in any way whatsoever without the express permission of LawPodcast is strictly prohibited and constitutes a criminal offence, being regarded as counterfeiting under the law.
The use of any hyperlink to the Site and of “framing” (a programming technique that allows a web browser window to be divided into several independent frames in order to display the content of an external site) or “inline linking” (a process used to display, on a web page, a single element from another site in a way that saves storage space on the hard disk of the machine hosting the site and may conceal from the user the original environment to which that element belongs) is strictly prohibited. Any unfair use of a LawPodcast account through automated processes such as robots and scripts, or by any other means (for example, artificially or abnormally increasing the listening rate of a specific recording), is strictly prohibited.
The Recordings in the LawPodcast Free Service are digital files protected by national and international copyright and related rights. They may therefore only be listened to in a personal or family setting. Any use other than personal listening will result in civil and/or criminal proceedings against the LawPodcast Free User. Any other use of the Recordings is strictly prohibited; in particular, any downloading or attempt to download, any temporary or permanent transfer or attempt to transfer to the hard disk of a computer or any other device, and any burning or copying, or attempt to burn or copy, any file or files to a CD or any other medium is strictly prohibited. Any resale, exchange or rental of these files is strictly prohibited.
The LawPodcast Free User acknowledges that the Recordings made available to them on the Site and the Application are protected by technical protection measures put in place by LawPodcast in order to limit or prevent unauthorized use of the Recordings, in line with current technology.
The LawPodcast Free User agrees not to circumvent the technical protection measures in any way that would allow these files to be downloaded and stored on the storage unit of any receiving terminal whatsoever (computer, mobile phone or other portable players, etc.).
Article 9 – Suspension and/or Cancellation at the Initiative of LawPodcast or the LawPodcast Free User
LawPodcast has the right to suspend a LawPodcast Free User's access to the LawPodcast Free Service and/or cancel their LawPodcast Free Service subscription without prior notice or compensation, without prejudice to any damages LawPodcast may claim, if the LawPodcast Free User performs any of the following acts:
(i) Failure to comply with the Terms, and in particular:
- Infringing the intellectual property rights of LawPodcast or its licensors;
- Circumventing or attempting to circumvent the protective technical measures implemented by LawPodcast;
- Making or attempting to make multiple simultaneous connections to the same account;
- Providing false information when subscribing to the LawPodcast Free Service.
(ii) Performing acts contrary to LawPodcast's commercial interests.
The LawPodcast Free User may delete their account at any time by going to the “My Profile” section on the Site.
Article 10 – Changes to the Terms
LawPodcast has the right to modify the Terms at its sole discretion. LawPodcast will inform the LawPodcast Free User of all changes to the Terms by sending an e-mail to the address registered in the LawPodcast Free User's account at least 10 (ten) days before such changes take effect. If the LawPodcast Free User does not accept these changes, they are free to delete their account on the Site as set out in Article 9 above. If the LawPodcast Free User does not delete their account, the amended Terms will take effect within 10 (ten) days of receipt of the notice regarding the change to the Terms.
Article 11 – Invalidity of a Clause
If any of the clauses of the Terms is declared invalid or unenforceable for any reason, the other clauses shall remain valid without modification.
Article 12 – Applicable Law and Dispute Resolution
The drafting, validity, performance and interpretation of these Terms and each of their articles and sections are subject to the laws of the Republic of Turkey, and the Agreement shall be interpreted in accordance with these laws.
Any dispute arising from these Terms or in connection with this Agreement shall be settled by the Istanbul Central (Çağlayan) Courts and Enforcement Offices.
Article 13 – Entry into Force
The LawPodcast Free User agrees to be bound by these Terms when installing the Application on their device, creating a membership account and using it.
