OVERVIEW

This website is operated by Micme (the “Company”). For purposes of these Terms and Conditions, “Service” refers to the Company’s service which can be accessed via our website at micme.com. The terms “we,” “us,” and “our” refer to the Company. “You”, “the Client”, “They”, “Podcaster” and “Them” refers to you, as a user of the Service.

By visiting our site and/or using the Service, you agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Use. If you do not agree to all the Terms and Conditions, then you are not authorized to access the website or use the Service.

We can use third-party service providers to provide site metrics and other services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications to your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information.

GENERAL TERMS

By agreeing to these Terms and Conditions, you represent that you are at least 18 years of age and are eligible to use the Services and have the right, power and ability to enter into and perform under these Terms. If you are under 18 years old, you may only use the Service with the approval of your parent or guardian. You will comply with any instructions provided to you by the Company in connection with your use of the Service. The Company may establish general practices and limits concerning use of the Service and reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice to you.

MODIFICATIONS TO THE SERVICE, PRICES, AND TERMS AND CONDITIONS

We reserve the right to modify or discontinue the Service (or any part thereof), including these Terms and Conditions, without notice at any time. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. Micme promises to notify you whenever this page is updated via either the email associated with your account or through the portal dashboard when you sign in. Your continued use of or access to the service following the notification of any changes constitutes acceptance of those changes. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. In the event that the Service is discontinued, the user will be refunded for any outstanding and unfinished work in the amount that was agreed upon to complete the work in the first place. Any work completed prior to discontinuance of service will require Micme be paid in full for services rendered.  

PRODUCTS OR SERVICES

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Although we have made every effort to display as accurately as possible the colors and images of our products that appear on the Service, we cannot guarantee that your computer monitor’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Podcast Editing Overage Fee: If the raw, unedited length of an episode exceeds 60 minutes, there will be an additional fee of $2.00 per minute over the maximum length.

Example: If you have purchased the “Up To 60 Minute” editing service and submit an unedited episode that is 70 minutes in unedited length, an additional fee of $20.00 will apply only to the episode that exceeds 60 minutes. That’s 10 minutes x $2.00 per minute.

Overage fees are accumulated over the course of a month and are invoiced at the end of the month. We usually permit a 2 minute variance per episode.

Podcast Editing Revision Fees: Up to 3 reasonable changes or revisions per edited episode are included. A US$10.00 fee will be applied for each additional revision after the initial 3 included changes. Micme mistakes or errors will be corrected free of charge.

Turn Around Time: Micme has a 3 business day turn around time for both editing and intro and outro production. To ensure prompt delivery and the ability to stay on the Client’s schedule, the Client must submit episodes to be edited at least 3 business days prior to their scheduled release day. If the Client fails to submit an unedited episode at least 3 business days prior to the Client’s release date, Micme can not guarantee that the Client’s scheduled episode release deadline will be met.

Hosting Service: Starting a podcast requires podcast hosting since the podcast needs a foundation to run on. Thus, setting up a hosting provider, whether with Micme or a third party is mandatory. You’ll have the ability to let us know whether you want to utilize Micme’s podcast hosting service or a different one throughout the onboarding process.

We recognize that your time is precious and that sorting through the countless alternatives for podcast hosting might take a lot of your time. Micme is pleased to work with any podcast hosting provider available. Micme’s podcast hosting is made to save you time, simplify the launch process, and make it easier for your podcast to connect into Micme’s editing service. (Micme’s launch packages are purchased as a one-time service. Once the podcaster has completed the launch process, they will have the opportunity to continue with any of Micme’s services including ongoing custom production packages).

If the podcaster’s podcast exceeds 100,00 downloads per month, the podcast will be switched to Micme’s high traffic hosting service. Micme’s high traffic service has no cap on storage and an allowable download bandwidth of 1 terabyte which approximately equals xx downloads per month. If the download bandwidth exceeds 1 terabyte, there is a fee of 2 cents per gigabyte over and above 1 terabyte.

The Client is required to open a hosting account before submitting their first episode for editing. Although the Client can open this account with any hosting service, we recommend Libsyn.com if not hosting with Micme. The Client is responsible for maintaining the hosting subscription and is eligible to get the first month free, if they establish hosting with Libsyn.com when the Client launches their podcast with Micme by using the promo code MICME100.

Custom Podcast Intro and Outros: If the Client wishes to provide their own voice over recording instead of using one of Micme’s voice over artists, the price of the Podcast Intro and Outro Package decreases to US$100.00. If the Client supplied podcast intro and outro script is longer than 120 words combined, a fee of US$1.00 per word will apply.

A script is deemed final once it has been approved by the podcaster and sent to the podcaster’s voiceover artist to be recorded. If you decide you’d like to make changes to the script after final approval of the script, the podcaster is subject to a US$100.00 re-recording fee. This is to ensure that the voice-over artist is fully compensated for their services.

If the podcaster decides they would like to change their voiceover artist after the voiceover audio has been recorded, the podcaster is subject to a US$100.00 re-recording fee. This is to ensure that the voice-over artist is fully compensated for their services.

Podcast Diamond Launch Package: The equipment Micme sends the podcaster depends on the format of their podcast. Once the required equipment is determined, Micme will source, purchase and ship to you the agreed upon equipment. The equipment you receive is yours to keep forever.

Podcast Mixing and Mastering: The podcaster is allowed to upload Up to 7 tracks (5 dialogue, 1 music, 1 FX) as what’s included in the mixing & mastering package. There is a fee of $10.00 per additional track regardless of what audio the track contains.

*Disclaimer: Micme audio engineers are highly skilled audio editors and sound designers. However, there is a limit to how much audio can be improved depending on how well the audio was recorded. If the audio uploaded to mix & master is poorly recorded, that usually means there is a significant amount of information missing from the audio. Therefore, due to a portion of the audio information rendered non existent, there is a limit to how much the audio can improved. Likewise, if there is a lot of unwanted noise in the recording, it is likely that the noise is embedded in the audio and to remove it would mean to remove dialogue and content. Micme’s engineers are trained to leave in the noise if it means keeping the content intact.

Micme Podcaster Portal Access: A client’s access to the Micme Podcaster Portal will end 7 days after the completion or termination of any of the services Micme offers. It is the client’s sole responsibility to download and back up all of their files to a local hard drive owned by the client. Upon completion or termination of a Micme service and after the 7 day grace period, Micme reserves the right to close the client’s account and delete all files associated with the client’s podcast.

Cover Art Design: 2 revisions are included when Micme is designing your cover art. If you need more revisions after the 2 included, there will be an additional fee of US$15.00 per revision.

MICME “TRY US OUT” FREE TRIAL PERIOD

Micme grants you one episode of any length up to and no longer than 60 minutes in unedited length to be edited free of charge during the Trial Period, solely for the purposes of evaluating the Service, and subject to the other terms and conditions set out below. During the Trial Period, you may make such use of the Service as you reasonably require in order to evaluate it for future use in your podcast, but not for any other purpose.

1. The “Try Us Out” free trial is granted for the editing of one episode only. Up to, but not exceeding 60 minutes in raw, unedited length (the “Trial Period”).

2. To the extent Micme holds or processes any personal data provided by you in the course of this Trial Period, we will process such personal data in accordance with our Privacy and Cookie Policy found here.

3. Only one Trial Period per podcast is allowed, any further attempts a.t a Trial Period will be rejected by Micme.

4. Micme’s editing Trial Period includes no more than one editing revision after the initial episode edit has been sent to the client.

MICME PODCASTER PORTAL

In order to be able to access the Micme Podcaster Portal, you may need to use a specific user ID, email address or other login information, such as a password (Login Information). You must not disclose your Login Information to any person or otherwise allow any person to access the Portal using your Login Information.

You must not access or use this Portal for any purpose that is unlawful or prohibited by these Terms of Use.

You must take your own precautions to ensure that the process which you employ for accessing this Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Portal or any Linked Site.

We reserve the right to terminate your ability to access this Portal if you breach these Terms of Use.

The information contained on this Portal is provided by us in good faith on an “as is” basis and all users must verify the information before using the information. We do not make any representation or warranty that the information contained on the Portal is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Portal.

This disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. In particular, nothing in these Terms of Use purports to limit or exclude any liability for fraud or fraudulent misrepresentation or exclude or limit liability for death or personal injury caused by a person’s negligence.

Neither we nor any of our affiliates accept responsibility for any loss or damage, however caused (including through negligence), which any person may directly or indirectly suffer in connection with or arising from your use of this Portal or any Linked Site or your use of or reliance on information contained on or accessed through this Portal. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. You acknowledge that the Portal is hosted by a third party and, without limiting the terms of this disclaimer, that neither we nor our affiliates are responsible for the act or omission of any third party.

You agree that the limitations and exclusions set out in these Terms of Use are reasonable having regard to the relevant circumstances and the use you are permitted to make of the Portal.

You indemnify us and our affiliates, partners, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you or by any person using your Login Information (whether or not you have authorised that person to use your Login Information) to comply with these Terms of Use.

Unless we agree otherwise in writing, you are provided with access to this Portal for your use only. Without limiting the foregoing, you may not without our written permission on sell information obtained from this Portal to any third party. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body.

The Podcaster Portal uses Transport Layer Security (TLS) 1.2 with a 2048-bit server key length with industry-leading modern browsers. When you access the Podcaster Portal via web browser, mobile applications, email add-in, or browser extension, TLS technology protects your information using both server authentication and data encryption. This is equivalent to network security methods used in banking and leading e-commerce sites. All users’ passwords, cookies, and sensitive information are reliably protected. However, Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may, in our sole discretion, limit or cancel quantities purchased through the Service. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

PAYMENT TERMS

Subscriptions: Micme charges a subscription fee (“Fees”) for the use of its Podcast Hosting Service (“Service”). By registering a podcast hosting agreement, you agree to pay Micme the Fees applicable to the account level chosen. Unless otherwise stated, all Fees are in U.S. Dollars. Micme expressly reserves the right to change the Fees at any time, upon 30-days written notice to you at your registered email address. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections, or other equipment and services required to access and use any of Micme’s services, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay Micme all currency conversion charges, sales, use, value-added, personal property or other taxes, duties, or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of the Service, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle.

Your subscription will renew automatically unless we terminate it or you terminate your subscription by selecting “cancel” in the office section of the podcaster portal. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

If you fail to make a payment or update your method of payment and payment fails due to incorrect billing information, the podcaster is responsible to make the payment and/or update their billing information within 30 days to ensure their hosting service remains active. If the podcaster fails make the payment within 30 days, their hosting service will be rendered inactive and risk their podcast being removed from streaming platforms.

If the hosting service is cancelled by either the podcaster or Micme, the service will remain active for the remainder of the 30 days within the pay period and will close at the end of the pay period for which the podcaster has paid for. Micme does not issue refunds for partial use of services.

Podcast Editing Service: Micme will invoice the podcaster at the end of each month in the amount of which was tracked over the course of the month. An order form is issued for each request of editing services and can be found in the podcaster portal’s file transfer section.

All invoices, unless otherwise stated, are due within 21 days. If the podcaster fails to complete payment of their invoice within 30 days of the due date shown on the invoice, we reserve the right to suspend the delinquent account and charge interest from the due date. The interest rate will lawfully be applied in line with Canadian guidelines of 4.5% per month and Micme may immediately suspend or terminate this agreement and the podcaster’s access to Micme’s services.

Micme uses Stripe and PayPal to process payments. Cash, checks, money orders, debt transactions and e-transfers are not accepted. Through Stripe and PayPal, the Client is able to pay by major credit card (Visa, American Express or Mastercard), or their Paypal balance.

OPTIONAL TOOLS

We may provide you with access to third-party tools, which we neither monitor nor over which we have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. As a result, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

THIRD-PARTY LINKS

Our Service may include materials from third-parties and third-party links available through the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER GENERATED CONTENT

We may, but are under no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

By posting comments through the Service, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments or other information posted by you or any third-party.

PERSONAL INFORMATION

Micme will not use any usernames, passwords, images, recordings or provided licensed music associated with your podcast outside of the terms and conditions, in perpetuity. If authorized and to ensure Micme is able to publish episodes on the Client’s behalf, Micme requires all logins specific to the podcast. This info will not be used for any other reason then to publish the client’s episodes. When opening new accounts associated with the podcast, Micme will send all of the login information to the Client to ensure the Client has full access to the accounts and owns the podcast outright. The Client promises to not hold Micme responsible for the success or failure of their podcast or for any impact the podcast may have on their business.

ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information available through the Service that contains typographical errors, inaccuracies or omissions that may relate to, among other things, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to the other prohibitions described in these Terms and Conditions, you are prohibited from using the Service, our site, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. The Company reserves the right to terminate your use of the Service or any related website for violating this Section or any other prohibited uses described in these Terms and Conditions.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Company does not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. To the extent permitted by law, we may make and preserve copies of any information or any other content or data you provide through the Service for internal back-up and other legal or regulatory purposes. However, the Company is not obligated to preserve copies of such information, content or other data.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, in each case without notice to you. In addition, you understand that the Service may be interrupted or permanently unavailable.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, in each case to the extent permitted by applicable law.

In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any applicable law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

1. If the client wishes to terminate the Service, the Client must submit a written notice, via email, to [email protected], 21 days prior to the date they wish to terminate the Service. The Client understands that the Service can not be terminated by Micme without Micme issuing a refund for the remaining balance in the amount of the Client’s remaining episodes to be edited multiplied by the cost of one episode, according to the editing or series package the Client has purchased.

2. The Client understands that the Service can be cancelled by the Client at anytime following the the procedure outlined in item 1 of this section, but that a refund will not be issued. The only exception to this is if Micme was undeniably derelict in the maintaining of the Service. If this is ever the case, the refund policy outlined in item 1 of this section would apply.

Except as otherwise provided in the Service, the obligations of Micme will end upon the termination of this Agreement.

Upon termination of the Service, the Client has 7 days to download all of their files from the shared file transfer folder to their own data storage space. After 7 days, Micme will remove access to the shared folder and will remove the Client’s data from the cloud and into an offline archive for no longer than 6 months. After 6 months, if the Client has not returned to renew a service Agreement, Micme reserves the right to permanently delete the Client’s podcast files and assumes the Client has made copies of their files upon termination of the Service.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

In no event shall any ambiguities in the interpretation of these Terms and Conditions be construed against the drafting party.