April 25, 2012
This Site is intended to be used only by residents of the United States. Anyone who accesses the Site from outside the United States does so at their personal initiative and risk and is responsible for compliance with all applicable laws.
During the registration process, we will ask you to enter your first and last name, email address (“Sign-In Name”), and to create a password (“Password”) for access to your user account (“User Account”) and the Services. HEARO will use your Sign-In Name and Password to authenticate your identity when you log-in in the future. Each Sign-In Name and corresponding Password can only be used by one Subscriber. Through their User Accounts, Subscribers may create various “pages,” and post Subscriber Content including recommendations, “fan” bands and musical groups, and access various other Services. Subscribers may also upload Musical Content for sale on their “profile pages,” by accepting the HEARO Artist Agreement (insert link). You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using one or more of them. You will promptly inform HEARO of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password, Sign-In Name, or terminate your access to the Site and/or the Services in our sole and reasonable discretion at any time and for any reason. All pages on the Site, and the Content thereon, are available to all Subscribers.
You acknowledge that this Site and the HEARO Content are owned by HEARO, and protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the HEARO Content is and shall remain the property of HEARO or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the HEARO Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any HEARO Content, in whole or in part. However, you may print a single copy of the HEARO Content for your own personal use provided that you maintain any notices contained in the HEARO Content, such as all copyright notices, trademark legends, or other proprietary rights notices. THE SUBSCRIBER CONTENT AND THE MUSICAL CONTENT IS PROVIDED TO THE SITE BY THIRD PARTY SUBSCRIBERS AND ARTISTS. HEARO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE OWNERSHIP OF SUCH SUBSCRIBER CONTENT OR MUSICAL CONTENT, OR INTELLECTUAL PROPERTY RIGHTS THEREIN, OR THE RIGHT OF SUCH ARTISTS AND SUBSCRIBERS TO PROVIDE, DISCLOSE OR SELL SUCH SUBSCRIBER CONTENT OR MUSICAL CONTENT VIA THIS SITE OR OTHERWISE. YOU ASSUME ANY AND ALL RISK AND LIABILITY ASSOCIATED WITH THE SUBSCRIBER CONTENT AND THE MUSICAL CONTENT.
HEARO.FM is a trademark of HEARO (the “HEARO Trademark”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to HEARO. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the HEARO Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of the HEARO Trademarks will inure to our benefit.
By voluntarily submitting any Subscriber Content including, but not limited to, comments, ideas, questions, designs, blog postings, any information submitted under the fan button functionality of the Site, and any information posted on your profile page, group page and other similar communications (collectively, “Unsolicited Information”) on the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. HEARO, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, HEARO and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting HEARO a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information without notice or obligation to you.
This Site may periodically provide links to third party websites (“Third-Party Sites”) as well as other websites operated by HEARO (“Other HEARO Sites”). This Agreement governs only this Site and not any Third Party Sites or Other HEARO Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing.
HEARO, in its sole and absolute discretion, may post targeted first party advertisements on the Site and/or permit third parties to post advertisements on the Site. If HEARO does post, or permit posting, of advertisements on the Site, You may opt-out of receiving targeted third party advertisements. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by HEARO. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers or their content on this Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. While HEARO has no obligation to do so, HEARO explicitly reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. HEARO will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
HEARO reserves the right, in its sole and absolute discretion for any reason or no reason, to remove or modify any Unsolicited Information, Content, posting, or any other element of the Site or the Services, without notice or permission from you.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF HEARO, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “HEARO PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, THE SERVICES, OR THE CONTENT. NONE OF HEARO PARTIES WARRANT THAT THIS SITE, THE SERVICES, OR THE CONTENT WILL BE (I) AVAILABLE ON AN UNINTERRUPTED OR ERROR FREE BASIS, OR (2) FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE, THE SERVICES, AND THE CONTENT AND THE ACCURACY, TIMELINESS OR COMPLETENESS THEREOF, IS ASSUMED SOLELY BY YOU. NONE OF HEARO PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, THE SERVICES, AND THE CONTENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. You agree that you are solely responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
, which is hereby incorporated by reference in its entirety.
Thank you for your cooperation. We hope you find our Site convenient and fun to use. Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address at email@example.com. We try to answer every email and piece of correspondence in a timely manner but are not always able to do so.
All notices submitted hereunder must include the following:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the Site;
· Your address, telephone number and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Copyright agent: firstname.lastname@example.org