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Terms of Use

Last Updated: April 25, 2012

Welcome! Please take a moment to scroll down and read these Terms of Use.

THESE TERMS OF USE CREATE AN ENFORCEABLE CONTRACT THAT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE.

United States Use Only

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.

Acceptance

These Terms of Use state the terms and conditions under which you may use the website located at www.hearo.fm (the “Site”) and all Content (defined below) and Services (defined below) available therein. Please read these Terms of Use carefully. This Site contains various information in the form of data, text, graphics, news, reports, photos, videos, and other materials provided by HEARO (“HEARO Content”), Subscribers (“Subscribers Content”), and Artists musical compositions, recordings and songs (“Musical Content”) (the HEARO Content, Subscriber Content and the Musical Content may be referred to herein collectively as the “Content”). By browsing the Site as a visitor (“Visitor”), or accessing and using the services available on the Site including, but not limited to, selling or buying Musical Content (the “Services”) as a registered user (“Subscriber”), you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use. Hearo, Inc. (“HEARO,” or “We”) reserve the right to amend these Terms of Use at any time and from time to time without notice. If you use the Site after revised Terms of Use have been posted, you will be deemed to have agreed to such Terms of Use.

Registration

Visitors are not required to register as Subscribers to browse the Site and play music posted on the Site. In order to use the Services, registration is required. HEARO will provide each Subscriber with access to the Services through the Site in accordance with these Terms of Use. HEARO will be responsible for hosting the Site, and Subscriber will be responsible for obtaining internet connections and other third party software and services necessary to access the Site. HEARO is under no obligation to accept anyone as a Subscriber to the Services, and may accept or reject any applicant seeking registration as a Subscriber in its sole and absolute discretion.

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.

Fees

You are not required to pay a fee in order to register as a Subscriber, but there are fees associated with purchasing Musical Content and various other Services. You will be required to provide a valid credit card number when you want to use Services that require payment of fees. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from purchases and activities associated with your User Account on this Site at the fees then in effect, including any unauthorized charges incurred prior to your notifying HEARO of such charges. You agree that HEARO may use a designated third party service provider to collect your credit card information and related Personal Data, and charge you for appropriate Services utilized through your User Account. All Fees are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. All amounts stated in these Terms of Use or on any invoice are in U.S. dollars, and all payments will be made in U.S. dollars.

You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Site; (ii) copy, modify, adapt or translate the Site, or otherwise disclose, or make any use, resell, distribute or sublicense the Site, the Services, or any of the Content except in accordance with these Terms of Use; (iii) remove or modify any proprietary marking or restrictive legends placed on the Site, the Services, or the Content; or (iv) use the Site, the Services, or the Content in violation of these Terms of Use, or any applicable law or regulation.

Intellectual Property Rights

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.

Trademarks

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.

Copyright Complaints

If you believe this Site contains any Content that infringes your copyright, please see our Copyright Infringement Notification Procedures

Unsolicited Information

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.


Links to Other Web Sites

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.


Advertisements on this Site

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.


Security of the 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.


DISCLAIMER OF WARRANTIES

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.

Limitation of Liability. IN NO EVENT SHALL THE HEARO PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF THE HEARO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE HEARO PARTIES LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE LESSER OF (1) THE FEE PAID FOR THE SERVICE, THE HEARO PARTIES CONTENT OR MUSICAL CONTENT THAT GIVES RISE TO THE CLAIM, OR (2) ONE HUNDRED DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE HEARO PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE REMEDIES PROVIDED TO YOU IN THESE TERMS OF USE ARE EXCLUSIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE SERVICES OR THE CONTENT IS TO STOP USING THIS SITE.


Indemnification

You agree to defend, indemnify and hold the HEARO Parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, the Services, the Content or any violation of these Terms of Use.


Use of Personal Data

Your use of the Site may involve the transmission of your personally-identifiable information (“Personal Data”) to us. Our policies with respect to the collection and use of Personal Data are governed according to our Security and Privacy Policy, which is hereby incorporated by reference in its entirety.


Termination

We reserve the right, in our sole and absolute discretion, to change, restrict, suspend, or terminate these Terms of Use, your access to all or any part of the Site, the Services and/or the Content at any time and for any reason or no reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site, Services or Content at any time without prior notice or liability. You may terminate these Terms of Use at any time upon the provision of written notice to us by email to: feedback@hearo.fm . Your written notice to terminate shall become effective on our receipt of such notice and you may not access or use the Site once you send such notice.


Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled limitation of liability, indemnification, miscellaneous shall survive the termination of these Terms of Use. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. You expressly absolve and release the HEARO Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of Delaware. Except for proceedings commenced by the HEARO Parties to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the state of Delaware. These Terms of Use contain the entire agreement of the parties concerning this Site, the Services, the HEARO Content and the Musical Content and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the HEARO Content or the Musical Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by the HEARO Parties and its licensors.


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 feedback@hearo.fm. We try to answer every email and piece of correspondence in a timely manner but are not always able to do so.


Copyright Infringement Notification Procedures


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: copyright@hearo.fm





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