Podcast Development

Terms of Service for Thabble, LLC Podcast/Content Production Services

Welcome to Solvecast by Thabble, LLC.

Modified Jan. 2024.

Thabble, LLC services are tailored to meet a variety of content creation needs in podcasting and other content. We offer:

  • Featured Content: Content created by Thabble, LLC, using the Solvecast or associated brands, with client feedback.
  • Produced Content: Content that Thabble, LLC creates on behalf of a client, who then retains full ownership of all materials produced. Thabble, LLC's role is solely that of a content producer, working under the direction and requirements of the client.

These terms govern our engagement with you for both types of services.

1. Ownership of Content and Grant of License

  • Featured Content: All content featured by Thabble, LLC remains the exclusive property of Thabble, LLC. Thabble, LLC hereby grants the client a non-exclusive, non-transferable, and limited license to use the Featured Content for marketing purposes agreed upon in these terms.
  • Produced Content: The client retains exclusive ownership of Produced Content.
  • Intellectual Property: Each party retains all right, title, and interest in and to its own pre-existing intellectual property, irrespective of the contribution of either party in the execution of this Agreement. Neither party grants any rights or licenses to its intellectual property to the other party except as expressly set out in this Agreement.

2. Responsibilities of Thabble, LLC

Featured Content

  • Content Development: Produce content that meets a high standard of quality.
  • Content Edits: Edit content to ensure it aligns with Thabble's quality standards.
  • Edit Suggestions: Consider client's suggestions for edits but, unless otherwise agreed to in writing, is not required to implement. Edits may necessitate additional resources and potentially incur supplementary costs. These instances will be explicitly communicated to the client in written form for approval prior to the initiation of any additional work.
  • Technology Infrastructure: Where applicable, provide the necessary technology infrastructure to support the creation, editing, and distribution of content.
  • Legal Compliance: Ensure that the Featured Content complies with general legal and regulatory standards.

Produced Content

  • Client Direction: Produce content according to the client's direction, ensuring a high standard of quality.
  • Final Output: Output as agreed upon in writing including but not limited to final media files and raw media files. Access to works in progress or unfinished material is not provided.
  • Technology Infrastructure: Where applicable, provide the necessary technology infrastructure to support the creation, editing, and distribution of content.
  • Use of Content: If mutually agreed upon by the parties, Thabble, LLC may help distribute Produced Content.

3. Responsibilities of Client

Featured Content

  • Access to Interviewees: The client is responsible for providing access to interviewees, if applicable, to facilitate the content creation process. This includes providing necessary pre-interview preparations, such as questionnaires or brainstorming sessions.
  • Interview Commitment: The client must ensure that the designated interviewee is available and attends the scheduled interview. In cases where the interviewee cannot attend, Thabble, LLC must be notified at least 24 hours in advance. Failure to notify within this timeframe or interviewee no-shows will result in the client being subject to the full cost of the interview as compensation for the reserved time and resources.
  • Content Review: The client, at its own discretion, is responsible for reviewing and approving the Featured Content before, during, and after its use or publication. It is the client's sole responsibility, not Thabble, LLC, to ensure the content meets their standards and requirements at all stages.
  • Use of Content: The client agrees to use the Featured Content only in the ways that have been mutually agreed upon and within the scope of the license granted.

Produced Content

  • General Responsibility: The client is solely responsible for all aspects of the content produced by Thabble, LLC. This includes, but is not limited to, the thematic direction, specific messaging, topics, and overall content strategy.
  • Access to Interviewees: Similar to Featured Content, the client is responsible for providing access to interviewees to facilitate the content creation process.
  • Review and Approval: The client, at its own discretion, is responsible for reviewing and approving the Produced Content before, during, and after its use or publication.

4. Payment and Financial Terms

  • General: Payment terms for both Featured Content and Produced Content may be outlined in our specific agreement with Client for the services rendered. Thabble, LLC may choose, in rare instances, not to make Featured Content publicly accessible. In this case, payment directly associated with such Featured Content is not required from the client. The client may request Featured Content not be made publicly available or taken down (see below), in which case payment for the services rendered is still required.
  • Late Payment: Invoices overdue by 90 days incur a late fee of 1.5% per month of the outstanding amount, with a minimum charge of $25, unless otherwise agreed in writing.
  • Additional Marketing Materials or Change Requests If the client desires additional marketing materials, marketing snippets or changes to provided marketing materials, there may be an extra cost. Any such requests and their associated costs will be communicated and agreed to in writing between Thabble, LLC and the client.
  • Cancellation and No Show Penalty:Thabble, LLC will impose a fee of fifty dollars ($50) on the Client if a recording session, previously confirmed in writing by the Client, is cancelled within 24 hours of the scheduled interview time. (Added Feb. 2023)

5. Warranties

  • Featured Content: Thabble, LLC provides the featured content “as is” without any warranties.
  • Produced Content: Thabble, LLC strives for high-quality production but does not provide warranties regarding the performance or reception of produced content.
  • Both parties warrant that they will use any content provided under this agreement in a reasonable manner that does not disparage the other party, their products, services, associates, or any related entity.

6. Usage of Featured Content

  • Marketing Materials: Thabble, LLC may provide the client with select snippets of the Featured Content (hereafter referred to as “Marketing Snippets”) for the purpose of marketing and promotional activities.
  • Permitted Use: The client is permitted to use these Marketing Snippets directly on social media posts. Any and all other usage must be approved in writing by Thabble, LLC. The Marketing Snippets provided by Thabble, LLC may not be materially altered or modified. Clients are permitted to adjust the length, size, and shape, but any substantial changes that affect the content or its presentation require the express written consent of Thabble, LLC. This ensures the consistency and integrity of the messaging and branding associated with Thabble, LLC and its services.
  • Use of Full Episode: The client is encouraged to link to the full episode, if made available, of the Featured Content as hosted by Thabble, LLC or its designated platforms. Direct hosting or uploading of the full episode by the client is not permitted.

7. Limitation of Liabilities

  • Limitation of Liability and Content Responsibility: To the fullest extent permitted by law, neither Thabble, LLC nor the client shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with this Agreement. Neither party shall be liable for any errors, inaccuracies, non-compliance, or damages directly or indirectly related to the content provided under this Agreement.
  • Right to Request Takedown: Should the client require changes or removal of Content post-publishing, the client is entitled to request that Thabble, LLC remove the content. Thabble, LLC will make a reasonable effort to remove or alter the Content from publicly accessible sources under its control in a timely manner.
  • Publicly Available Content: Both Thabble, LLC and the client acknowledge that once content is published and becomes publicly available, it is subject to use or misuse by third parties beyond the control of both parties. Thabble, LLC is not responsible for the subsequent distribution, alteration, misuse, or otherwise of the content by any third parties.

8. Modifications to Terms

Thabble, LLC reserves the right to modify these terms at any time. Changes will be communicated to clients via email. Continued use of Thabble, LLC services after any changes constitutes acceptance of the new terms.

9. Governing Law

This agreement is governed by the laws of Illinois/Lake County, with all disputes subject to the jurisdiction of courts in Illinois/Lake County.

10. Conclusion

Thank you for choosing Thabble, LLC for your podcast production needs. We are dedicated to providing excellence in both our featured and produced content services.