A social podcast player

Tung App

Terms of Service

Short version: You agree not to post comments that contain threats, harassment, hate speech, or other forms of bigotry.

Audio clips posted via Tung are governed by fair use copyright law: They are attributed, limited to 45 seconds, and are to be used expressly for the purpose of criticism and commentary.

Tung will never sell your personal information.

These terms and conditions (the "Terms") govern your access to and use of Tung's application and/or Sites that link to or reference these Terms ("App or Site"). By accessing or using the App or Site, you are agreeing to these Terms and concluding a legally binding contract with Inorganik Produce Inc., a Colorado corporation that owns Tung ("Inorganik Produce"). Do not access or use the App or Site if you are unwilling or unable to be bound by the Terms.

  1. Definitions

    1. Parties

      "You" and "your" refer to you, as a user of the App or Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the App or Site. "We," "us," and "our" refer to Inorganik Produce, Inc.

    2. Content

      "Content" means text, and avatar images. "Your Content" means text, or images that you submit or transmit to, through, or in connection with the App or Site. "User Content" means Content that users submit or transmit to, through, or in connection with the App or Site. "Inorganik Produce, Inc Content" means Content that we create and make available in connection with the App or Site. "Third Party Content" means Content that originates from parties other than Inorganik Produce, Inc or its users, which is made available in connection with the App or Site. "App or Site Content" means all of the Content that is made available in connection with the App or Site, including Your Content, User Content, Third Party Content, and Inorganik Produce, Inc Content.

  2. Changes to the Terms of Service

    We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the App or Site is governed by the Terms effective at the time of your access to or use of the App or Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the App or Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the App or Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

  3. Translation

    We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Inorganik Produce, Inc, and any inconsistencies among the different versions will be resolved in favor of the English version.

  4. Using the App or Site

    1. Eligibility

      To access or use the App or Site, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the App or Site if we have previously banned you from the App or Site or closed your account.

    2. Permission to Use the App or Site

      We grant you permission to use the App or Site subject to the restrictions in these Terms. Your use of the App or Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

    3. App or Site Availability

      The App or Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

    4. User Accounts

      You must create an account and provide certain information about yourself in order to use some of the features that are offered through the App or Site. You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

      Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the App or Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, or provide an email address other than your own. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your content, use the same account information on other App or Sites, or allow other App or Sites to share information about you with Inorganik Produce, Inc.

    5. Communications from Inorganik Produce, Inc

      By creating an account, you agree to receive certain communications in connection with the App or Site. You may also receive an e-mail newsletter with Inorganik Produce, Inc information from time to time. You can opt-out of non-essential communications any time.

  5. Content

    1. Responsibility for Your Content

      You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Inorganik Produce, Inc.

      You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

    2. Our Right to Use Your Content

      We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. The content you create on Tung are provided voluntarily, for no compensation in return. Please note that you also irrevocably grant the users of the App or Site and any Other Media the right to access Your Content in connection with their use of the App or Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Inorganik Produce, Inc and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

    3. Ownership

      As between you and Inorganik Produce, Inc, you own Your Content. We own the Inorganik Produce, Inc Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other App or Site Content, computer code, products, software, aggregate user Content, and all other elements and components of the App or Site excluding Your Content, User Content and Third Party Content. We also own the intellectual and proprietary rights throughout the world ("IP Rights") associated with the Inorganik Produce, Inc Content and the App or Site, which are protected by applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Inorganik Produce, Inc Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App or Site and the Inorganik Produce, Inc Content are retained by us.

    4. Audio Clips

      Audio clips posted via Tung are governed by fair use copyright law, and are to be used expressly for the purpose of criticism and commentary. Tung limits audio clips to less than 45 seconds, and forbids manipulation of the audio in the clip being shared on Tung. Tung will always attribute the original source of the audio and link to the content creator.

    5. Other

      User Content (including any that may have been created by users employed or contracted by Inorganik Produce) does not necessarily reflect the opinion of Inorganik Produce. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

  6. Restrictions

    We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

    1. You agree not to, and will not assist, encourage, or enable others to use the App or Site to:
      1. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      2. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
      3. Violate any applicable law.
    2. You also agree not to, and will not assist, encourage, or enable others to:
      1. Violate the Terms;
      2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the App or Site or App or Site Content (other than Your Content), except as expressly authorized by Inorganik Produce, Inc;
      3. Use any robot, spider, App or Site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the App or Site or any App or Site Content;
      4. Reverse engineer any portion of the App or Site;
      5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the App or Site or on any materials printed or copied from the App or Site;
      6. Record, process, or mine information about other users;
      7. Access, retrieve or index any portion of the App or Site for purposes of constructing or populating a searchable database of information;
      8. Reformat or frame any portion of the App or Site;
      9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Tung's technology infrastructure or otherwise make excessive traffic demands of the App or Site;
      10. Attempt to gain unauthorized access to the App or Site, user accounts, computer systems or networks connected to the App or Site through hacking, password mining or any other means;
      11. Use the App or Site or any App or Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
      12. Use any device, software or routine that interferes with the proper working of the App or Site, or otherwise attempt to interfere with the proper working of the App or Site;
      13. Use the App or Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the App or Site or App or Site Content; or
      14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App or Site, features that prevent or restrict the use or copying of App or Site Content, or features that enforce limitations on the use of the App or Site.

      The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

  7. Guidelines and Policies

    1. Content Guidelines

      You represent that you have read and understood our content guidelines.

    2. Privacy

      Inorganik Produce, Inc. will never sell or distribute your email address, Twitter access tokens, profile image, or any other information associated with your account.

  8. Inorganik Produce, Inc Advertising

    If you purchase advertising from Inorganik Produce, Inc, the Inorganik Produce Advertising Agreement will apply. In the event of any conflict between the Inorganik ProduceAdvertising Agreement and these Terms, the Inorganik Produce Advertising Agreement will prevail.

  9. Suggestions and Improvements

    By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Inorganik Produce, Inc and its users any claims and assertions of any moral rights contained in such Feedback.

  10. Third Parties

    The App or Site may include links to other webApp or Sites or applications (each, a "Third Party App or Site"). We do not control or endorse any Third Party App or Site. You agree that we are not responsible for the availability or contents of such Third Party App or Sites. Your use of Third Party App or Sites is at your own risk.

    Some of the services made available through the App or Site may be subject to additional third party or open source licensing terms and disclosures.

  11. Indemnity

    You agree to indemnify, defend, and hold Inorganik Produce, Inc, Inorganik Produce, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Inorganik Produce, Inc Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the App or Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the App or Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Inorganik Produce, Inc reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Inorganik Produce, Inc. Inorganik Produce, Inc will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  12. Disclaimers and Limitations of Liability

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE INORGANIK PRODUCE INCORPORATED ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE App or Site. BY ACCESSING OR USING THE App or Site, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

    1. THE APP AND SITE ARE MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE INORGANIK PRODUCE INCORPORATED ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE APP AND SITE IS AT YOUR OWN DISCRETION AND RISK. THE INORGANIK PRODUCE INCORPORATED ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE APP AND SITE, ITS SAFETY OR SECURITY, OR THE APP AND SITE CONTENT. ACCORDINGLY, THE INORGANIK PRODUCE INCORPORATED ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE APP AND SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF CONTENT, OR OTHER CONTENT USED ON, OR MADE AVAILABLE THROUGH THE APP AND SITE.

    2. THE INORGANIK PRODUCE INCORPORATED ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE App or Site OR THE App or Site'S USERS. ACCORDINGLY, THE INORGANIK PRODUCE INCORPORATED ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE App or Site. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE App or Site IS AT YOUR OWN DISCRETION AND RISK.

    3. THE INORGANIK PRODUCE INCORPORATED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE App or Site, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE INORGANIK PRODUCE INCORPORATED ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

    4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE App or Site, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE App or Site.

    5. THE INORGANIK PRODUCE INCORPORATED ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE App or Site OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE INORGANIK PRODUCE INCORPORATED ENTITIES IN CONNECTION WITH THE App or Site IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $1.

    6. THE INORGANIK PRODUCE INCORPORATED ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

  13. Choice of Law and Venue

    Colorado law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Inorganik Produce, Inc (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN DENVER COUNTY, COLORADO.

  14. Termination

    1. You may terminate the Terms at any time by closing your account, discontinuing your use of the App or Site, and providing Inorganik Produce, Inc with a notice of termination.

    2. We may close your account, suspend your ability to use certain portions of the App or Site, and/or ban you altogether from the App or Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the App or Site, Your Content, App or Site Content, or any other related information.

    3. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

  15. General Terms

    1. We reserve the right to modify, update, or discontinue the App or Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
    2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the App or Site.
    3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    4. The Terms contain the entire agreement between you and us regarding the use of the App or Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    5. Any failure on Tung's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
    7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Tung's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    8. The section titles in the Terms are for convenience only and have no legal or contractual effect.