Terms of Service

These terms and conditions govern your use of all Refer-O-Matic (a property of Creator Machines, Inc.) online properties including our website and blog on refer.fm (Website), our newsletters (Newsletter), and our Subscription Service (the Subscription Services or Services). By using any of these online properties, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Refer-O-Matic or other Creator Machines services.

Creator Machines, Inc. is a U.S. entity located at 240 2nd Ave S. Suite #300, Seattle, WA. We operate Creator Machines and Refer-O-Matic, tools for podcasters to grow and monetize their businesses. These are Creator Machines' terms of use and apply to all users of the Creator Machines website and applications. “We,” “our” or “us” refers to Creator Machines, Inc. Our use of “Creator Machines” and “Refer-O-Matic” here refers to this website and the services offered by us.

By using Refer-O-Matic you agree to these terms. You acknowledge that you have read and understood these terms. You also agree to our privacy policy and any other policies we post on both the Creator Machines and Refer-O-Matic website. If you are a podcaster, you also agree to our data processing agreement.

Creator Machines and Refer-O-Matic are platforms. We are not responsible for the quality, timing or legality of content.

We may sometimes make changes to these terms. If we make material changes that adversely affect your rights under these terms, then we will let you know by posting an announcement on the site or sending you an email prior to the changes coming into effect. Continuing to use Creator Machines or Refer-O-Matic after a change to these terms means you accept the new terms.

Account Terms

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You are responsible for all content posted and activity that occurs under your account. You may not use the Subscription Services for any illegal or unauthorized purpose. You must not, in the use of the Subscription Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

User Conduct

You are responsible for all the activity on your account. If you do bad things we may terminate your account. For starters:

These guidelines are not meant to be exhaustive. If you find a new and creative way to hurt Creator Machines, Refer-O-Matic or our users we may take action to prevent it.

Billing

PayPal

Refer-O-Matic uses PayPal to create an escrow account to collect automatic payments and to distribute rewards to referrers.

Cancellation and Termination

If you cancel the Subscription Service before the end of your current term (based on the plan you select), your service will end on the date that you have paid through and you will not be charged again. There are no prorated refunds based on the day you terminate your service. Refer-O-Matic, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Subscription Service, for any reason at any time. Such termination of the Subscription Service will result in the deletion of your Account. Refer-O-Matic reserves the right to refuse service to anyone for any reason at any time. If Refer-O-Matic terminates your account,  we will provide a refund of all prepaid, but unused Fees to the Customer.

Modifications to the Service and Prices

Refer-O-Matic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Subscription Service (or any part thereof) with or without notice.

Prices of all Subscription Services, including but not limited to monthly subscription plan fees to the Subscription Service, are subject to change upon notice from us.

Account Disabling

You can permanently disable your account at any time by sending an email to hello@refer.fm. You can see what information is deleted and what we continue to store after the account is disabled in our privacy policy.

We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any content or rewards at our discretion. These terms remain in effect after your account is disabled.

Our Services and Role

We only provide a platform for podcasters and podcast listeners to interact, support content, share content, and reward listeners for sharing. We do not screen or endorse any content on Creator Machines or Refer-O-Matic. If you see content that violates these terms, then let us know and we may remove it.

Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate or open the issue up to further discussion with the community.

We are constantly testing out new features with the goal of making Creator Machines and Refer-O-Matic better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Creator Machines or Refer-O-Matic account or perform actions on your behalf. This permission is asked for when you connect your account to these other websites or services. Information can include the existence of your account, subscription amounts and length of support. Actions can include sharing subscriptions, adding people to email lists, or encouraging interaction with podcasters such as posting messages or liking posts.

Your Content

You keep full ownership of all content that you post on Creator Machines and Refer-O-Matic, but to operate we need licenses from you.

By using Creator Machines and Refer-O-Matic you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is to allow us to operate Creator Machines and Refer-O-Matic, promote the service, and promote your content on the service.

You may not post content that infringes on others' intellectual property or proprietary rights.

Podcast subscribers may not use content posted by podcasters in any way not authorized by the podcaster.

Copyright Infringement

If you believe that any content on Creator Machines or Refer-O-Matic infringes your copyrights, please send written notice to:

Copyright Agent

Creator Machines, Inc.

240 2nd Ave Suite 300

Seattle, WA, USA 98122

hello@refer.fm

This notice should include the following information:

If your content has been removed because of a DMCA notice, but you believe the content was not infringing on another’s copyrights, then you may send a written counter-notice to have the content restored. Your counter-notice should include the following information:

In appropriate circumstances we may also terminate the accounts of repeat infringers.

Creator Machines and Refer-O-Matic Content

Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Creator Machines or Refer-O-Matic page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please ask if you have any questions.

Customer Data

Customer shall own all right, title and interest in and to the Customer Data. Refer-O-Matic shall own and retain all right, title and interest in and to (a) the Subscription Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Subscription Services or support, and (c) all intellectual property rights related to any of the foregoing.

Indemnity

If we are sued because of you, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Creator Machines or Refer-O-Matic. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

Limit of Liability

If you lose money as a result of using Creator Machines or Refer-O-Matic, any payment to you is limited to how much you have paid us, and we don’t have to pay you if your loss is unexpected.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Creator Machines or Refer-O-Matic. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of our services. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.

Warranty Disclaimer

We do our best to make sure Creator Machines and Refer-O-Matic work as expected, but stuff happens.

Creator Machines and Refer-O-Matic are provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.

Dispute Resolution

If you have a problem please talk to us, but you are limited in how you can resolve disputes. You waive your right to trial by jury and your right to participate in a class action proceeding.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Creator Machines or Refer-O-Matic, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding, we are also waiving these rights.

We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. If any portion of these terms do not follow that standard, that portion is severed from these terms.

This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.

Governing Law

Any disputes with us must be resolved in King County under Washington law.

Washington law, excluding its conflict of law provisions, governs these terms and all other Creator Machines policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in King County, Washington.

Everything Else

These terms are the final word on Creator Machines and Refer-O-Matic’s policies.

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

If you have any questions, please email hello@refer.fm.

Last updated on May 18, 2021.