Welcome to Kimberilte™!

These are Kimberilte™'s terms of use. By using Kimberilte™, you agree to these terms and we will always tell you if we change them.

Pioneer Square Labs Inc. is a U.S. entity located at 240 2nd Ave S. Suite #300, Seattle, WA. We operate Kimberlite™, a platform where podcast listeners can support podcasters and get access to bonus content. These are Kimberilte™’s terms of use and apply to all users of the Kimberilte™ website and mobile applications. “We,” “our” or “us” refers to Pioneer Square Labs Inc. Our use of “Kimberilte™” here refers to this website and the services offered by us.

By using Kimberilte™ 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 Kimberilte™.

Kimberilte™ is a platform. 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 Kimberilte™ after a change to these terms means you accept the new terms.

Account Creation

When you register for an account you must provide us with accurate information. If you don’t provide us with accurate information then we may not be able to assist you with accessing your account.

To register for an account you must be at least 13 years old. To give or receive podcast subscriptions you must be at least 18 years old or have your parent’s permission. If you know a user is under the age of 13, please report them to us at support@kimberlite.fm. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us by emailing support@kimberlite.fm immediately.

User Conduct

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

  • Illegal Activities - Don’t break the law or encourage others to break the law.
  • Abuse - Don’t harass or bully others, or promote violence or hatred towards others.
  • Personal Information - Don’t distribute others’ personal information or otherwise abuse it. Podcasters with access to their podcast subscribers’ personal information should not use it for anything unrelated to Kimberilte™.
  • Fraud - Don’t post information that is false or otherwise misleading.
  • Impersonation - Don’t impersonate anyone. Don’t use another’s account, or allow others to use your account.
  • Intellectual Property - Don’t infringe on others’ intellectual property rights.
  • Spam - Don’t spam others or distribute unsolicited advertising material.
  • Malware - Don’t use Kimberilte™ to host or distribute, malicious or destructive software
  • Endorsement - Don’t claim endorsement by Kimberilte™ without our prior written approval.
  • Service Degradation - Don’t degrade others’ use of Kimberilte™.
  • Data Mining - Don’t crawl, scrape or otherwise index information on Kimberilte™. If you are doing this to create a useful feature then we may allow it, but you must check with us first.
  • Reward Sharing - Don’t support a podcaster and then share their podcast subscriber-only content without permission from the podcaster.
  • Reverse Engineering - Don’t take apart Kimberilte™ to figure out our secret sauce.

These guidelines are not meant to be exhaustive. If you find a new and creative way to hurt Kimberilte™ or our users we may take action to prevent it.

All About Being a Podcast Subscriber

To become a podcast subscriber simply create an account, update your preferred payment method (either credit card or Apple Pay, or Android Pay) and subscribe to any podcaster!

If you support a podcaster on a per month basis, then you are charged on behalf of the podcaster immediately at the time of the subscription for the full amount of the subscription. Beginning in the month after the month that you subscribed, your payment is batched with your other existing payments and charged at the start of the month.

You may cancel your subscription at any time. You will not be billed for any future months going forward, but you will not receive a refund for any previous payment periods.

We may grant refunds at our sole discretion in exceptional circumstances.

Depending on your location, some banks may charge you a 3% foreign transaction fee for your subscription, which will be assessed in addition to the subscription amount. Kimberilte™ does not control this charge. Please contact your bank for information.

In certain situations you may lose access to a podcaster’s podcast subscriber-only content. These include when you cancel your subscription, your payment method fails, the podcaster blocks you, or the podcaster deletes their account.

We have no control over the quality, timing or legality of content. We do not grant refunds for failure to deliver content. We do attempt to screen for fraudulent podcaster pages, but cannot guarantee the identity of podcasters or the validity of any claims they make. We appreciate your help reporting suspicious podcaster pages by emailing us at support@kimberlite.fm so we can improve Kimberilte™.

All About Being a podcaster

To become a podcaster, you may convert your regular account to a podcaster account or directly make a podcaster account, and launch the page.

Podcast subscribers are charged per month. Most payments are processed at the start of each month. In connection with your charges to podcast subscribers, you appoint us as your limited agent for the sole purpose of receiving, holding, and settling payments to you. As your agent, our receipt of funds from a podcast subscriber on your behalf is the same as receipt of funds by you directly, and you will only have recourse against us, and not against any podcast subscriber, for any failure by us to settle funds to you. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of the terms or compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reasons to you promptly. In order to protect podcasters, we may block podcast subscribers’ payments if we believe them to be fraudulent.

Our fee to process transactions on your behalf is 10% of processed subscriptions. Separate payment processing fees vary based on the subscription amount, but are typically under 10% of the total amount we process for you process across all podcast subscribers. Depending on your podcast subscribers’ locations, some banks may charge your podcast subscriber a 3% foreign transaction fee for their subscription, which will be assessed in addition to the subscription amount. Kimberilte™ does not control this charge.

We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.

The one area of taxes where we handle payments on your behalf is VAT payments for electronically supplied services to podcast subscribers in the EU. For the purpose of electronically supplied services, podcasters make a supply of that content to us, and then we supply it to the podcast subscriber. To learn more about how we handle VAT, please check our VAT guide.

We restrict some types of content and rewards. You cannot:

  • Create any content or rewards with real people engaging in sexual or violent acts.
  • Create any content or reward with nudity, or realistic depictions of sexual or violent acts, unless you flag the page as Adult Content and make the posts only viewable by podcast subscribers.
  • Use raffles, or any prizes based on chance, as a reward.
  • Create content or rewards using others' intellectual property, unless you have written permission to use it, or your use is protected by fair use.

If your potential podcast subscribers are under the age of 18, please remind them that they need permission to subscribe. Anyone under the age of 13 cannot have an account.

We are not party to the agreement between podcasters and podcast subscribers. If a podcast subscriber requests a refund from us, we only grant it in exceptional situations. We deduct the refunded amount from future payments to you.

Kimberilte™’s Role

We only provide a platform for podcasters and podcast subscribers to interact. We do not screen or endorse any content on Kimberilte™. 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 Kimberilte™ 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 Kimberilte™ account or perform actions on your behalf. This permission is asked for when you connect your Kimberilte™ account to these other websites or services. Information can include the existence of your account, subscription amounts and length of support. Actions can include creating, editing or deleting subscriptions and any other interaction with podcasters such as posting messages or liking posts.

Account Disabling

You can permanently disable your account at any time by sending an email to support@kimberlite.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.

Your Content

You keep full ownership of all content that you post on Kimberilte™, but to operate we need licenses from you.

By posting content to Kimberilte™ 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 Kimberilte™, promote Kimberilte™ and promote your content on Kimberilte™. We are not trying to steal your content or use it in an exploitative way.

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.

Kimberilte™’s 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 Kimberilte™ 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.

Copyright Infringement

If you believe that any content on Kimberilte™ infringes your copyrights, please send written notice to:

Copyright Agent
Pioneer Square Labs Inc.
240 2nd Ave
Suite 300
Seattle, WA, USA 98122
support@kimberlite.fm

This notice should include the following information:

  • The electronic or physical signature of the copyright owner, or a person authorized to act on their behalf.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of the exact location on Kimberilte™ of the content that you claim is infringing. This description must allow us to find and identify the content. Your name, address, telephone number and email address.
  • A statement by you that: a) you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, the copyright owner, or the owner’s agent, b) all information contained in your copyright notice is accurate, and c) under penalty of perjury, you are either the copyright owner, or authorized to act on their behalf.

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:

  • Your electronic or physical signature.
  • A description of the content that was removed and the exact location of the content on Kimberilte™ before it was removed.
  • Your name, address, telephone number and email address.
  • A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located, or if you are outside the U.S., the Northern District of California, and that you will accept service of process from the party that originally sent us the DMCA notice.

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

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 Kimberilte™. 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.

Warranty Disclaimer

We do our best to make sure Kimberilte™ works as expected, but stuff happens.

Kimberilte™ is 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.

Limit of Liability

If you lose money as a result of using Kimberilte™, 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 Kimberilte™. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Kimberilte™. 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.

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 Kimberilte™, 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 Kimberilte™ 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 Kimberilte™’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 support@kimberlite.fm.

Effective October 24th, 2018. Last updated on October 24th, 2018