LetMeHearYa User Agreement

This is an Agreement between LETMEHEARYA, INC. and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually, “LetMeHearYa”) and you, your representatives, assigns and licensees (hereinafter collectively referred to as “You”), pursuant to which You request and agree to, among other things, use the services available on the LetMeHearYa.com web service and website (collectively, the “Site”). You agree to read this Agreement carefully before using any of the services affiliated with the Site, and by using the Site and any affiliated Services (as that term is defined in LetMeHearYa's Terms of Use (the “Terms of Use”), which is incorporated by reference herein), You acknowledge and agree that You have read and shall abide by the terms and conditions set forth in this Agreement and in the Terms of Use and that these terms and conditions apply to all past, current, and future use of the site. You also represent that You are of legal age to enter into this Agreement and to become bound by its terms and that your use of the Site shall not violate any applicable law or regulation. Your registration for use of the Site and your profile thereon may be deleted without warning if it is found that you are misrepresenting your age, or if you are otherwise not in compliance with this Agreement or the Terms of Use.

1. Registration and Compliance

In order to (i) create or host programs featuring audio-based content (hereinafter referred to as “Broadcast” for transmission via the Site, (ii) utilize the messaging or “chat” systems available on the Site, (iii) utilize LetMeHearYa's premium or (iv) utilize any of the other Services available on or in connection with the Site, You must first register with LetMeHearYa and provide all information. You acknowledge and agree that your use of the Services as permitted is solely for personal, noncommercial purposes (other than commercial use as may be expressly permitted by LetMeHearYa in a prior written agreement ), that You will not copy or distribute any part of the Services in any medium unless such copying or distribution is facilitated by LetMeHearYa or effectuated via use of LetMeHearYa's mechanisms, and that You will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose and in accordance with this Agreement and the Terms of Use. To the extent that the Terms of Use conflict or are inconsistent with any terms and provisions set forth herein, the terms and provisions of this Agreement shall govern.

2. Charges and Payments

As of the date hereof, LetMeHearYa will not charge You or attempt to collect any fees for your non-commercial use of the services affiliated with the Site. LetMeHearYa reserves the right, however, to change this policy at any time and to charge fees on a term basis for access to the Site and for your use of its basic services. LetMeHearYa will notify You of any policy changes regarding fees, and the amounts to be charged for access to the Site and use of its services, by posting such information on the Site.

3. Transmission of Broadcast

At this time, LetMeHearYa permits its users to set up host channels (”Host Channels”) and create Broadcast for transmission via LetMeHearYa's proprietary live broadcasting technology. From time to time, LetMeHearYa may introduce other methods by which You may create Broadcast for transmission via the Site. You agree to comply with all of the Terms of Use, as well as all other policies and rules of LetMeHearYa, whether set forth in this Agreement, posted on the Site or provided to You individually. These Terms of Use, and LetMeHearYa policies and rules are subject to change from time to time at LetMeHearYa's sole discretion. You further agree to comply with the following additional rules and regulations, with respect to all Broadcast created by you for transmission via the Site, including those transmitted in the form of LetMeHearYa's broadcasting tools and any other methods currently used or introduced by LetMeHearYa in the future:

  1. Any Broadcast relayed by You to LetMeHearYa from a web site or other source owned and operated not by You but by a third party, as well as any other programming or other materials obtained by You from a source owned and operated not by You but by a third party (”Derived Programs”) must be authorized by the owner(s) or licensees of the original programs from which such Broadcast are derived. In the event You choose to create Derived Programs for transmission via the Site, You represent and warrant that You have obtained all authorization necessary to allow such Derived Programs to be transmitted to the public via the Site, including any necessary licenses required under the Digital Millennium Copyright Act (the “DMCA”), United States Copyright Law, and any other applicable copyright laws.
  2. Software for use of the Site and transmitting Broadcast will be made available to You upon your acceptance of the terms and provisions of this Agreement and the Terms of Use. Your use of such software shall be subject to the terms and conditions of this Agreement and the Terms of Use.
  3. You agree not to post, upload, transmit to, or cause to be broadcasted via the Site or to LetMeHearYa's servers, through data upload or broadcasting of audio content, any sound recordings, communications, text, graphics or other information (collectively, “Material”) that:
    • is obscene, indecent, offensive, libelous, pornographic, hateful, racially or ethnically offensive, defamatory, unreasonably violent, threatening, intimidating or harassing;
    • contains falsehoods or misrepresentations that could damage LetMeHearYa or any other person;
    • contains any viruses, Trojan horses, worms, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    • advocates or encourages any illegal activity;
    • infringes on the intellectual property or other legal rights of LetMeHearYa or others;
    • violates the privacy of others, including other users of the Site, or impersonates another person;
    • gives rise to any civil liability or violates any applicable law, regulation, treaty or tariff; or
    • violates the acceptable use policies of any networks, machines, or Services which are accessed through LetMeHearYa's network.
  4. LetMeHearYa, in its sole discretion, shall determine your compliance with the foregoing prohibitions set forth in this subparagraph d, and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason (including, without limitation, Material which it deems to be objectionable to any of its other customers or advertisers) or to take any other action with respect to your Broadcast, or any other material posted by you on the Site.
  5. The content on the Site, except material submitted by you and by third party users of the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “LetMeHearYa Material”), and the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to LetMeHearYa, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Material submitted by third party users of the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Third Party Materials”), and the Marks contained, are owned by or licensed to such third party users, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. As used herein, LetMeHearYa Material and Third Party Materials are collectively referred to as the “Content.” Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Without limiting the generality of the foregoing, You are not permitted to use the Marks in connection with “spam” email messages or newsgroup postings. For the purposes of these Terms of Use, “spam” has the meaning generally understood among Internet users, and includes without limitation “unsolicited electronic mail advertisements”. LetMeHearYa and each of the respective owners of the Third Party Materials reserve all rights not expressly granted in and to the Site and the Content.
  6. Your use of the Site may not impose an unreasonable or disproportionately large load (as determined by LetMeHearYa in light of the load imposed by other users generally) on LetMeHearYa's infrastructure. You may not use any “bot” or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from LetMeHearYa or any of its business partners. You may not attempt to gain unauthorized access to the LetMeHearYa infrastructure or to interfere or disrupt the service. Unless LetMeHearYa grants You prior written permission to do so, You may not use the service for any commercial purpose. You further agree not to solicit any users of the Site for commercial purposes.
  7. You agree to comply with all laws and regulations applicable to your use of the Site and any materials you upload to, import onto or transmit via LetMeHearYa's servers.
  8. You may not make available on any other website or in any other medium any Broadcast generated by or transmitted via the Site or LetMeHearYa's servers; notwithstanding the foregoing. LetMeHearYa reserves the right to protect its business and thus users of the Site who attempt to bypass the LetMeHearYa home page will have all of their content (audio, video, flash, images, etc.) removed from the Site at LetMeHearYa's sole discretion. Users who violate this regulation may also be blocked from recording, uploading or playing any further content across LetMeHearYa's network of sites. LetMeHearYa reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.
  9. You will be exclusively responsible for the entire content of each Broadcast created or hosted by you or under your authority, including the content that You generate as well as any content contributed in any manner by any guest or caller.

4. License

With respect to your Broadcast and all other content that You provide for use on the Site, you grant LetMeHearYa a royalty-free, non-exclusive, perpetual right and license throughout the world to transmit, perform publicly, display publicly, perform digitally, distribute and syndicate your Broadcast and all of such content in whole or in part, for any and all purposes, to the extent permitted by law, and the right to grant to third parties the right to do any or all of the foregoing. Without limiting the foregoing provisions of this paragraph, LetMeHearYa shall have a royalty-free, exclusive, perpetual right and license throughout the world to transmit and permit its end users, and other internet web site operators and their end users, to access your Broadcast via the Site and any other web sites. LetMeHearYa shall not be liable for any unauthorized uses of your Broadcast by end users or any other third parties.

5. Advertising and Revenue

General Terms and Conditions. You acknowledge and agree that LetMeHearYa may: (i) serve banner advertisements, audio advertisements and other forms of advertisements and promotions in connection with your Broadcast or Host Channel; (ii) derive sponsorship revenue, commissions, syndication fees, and other forms of revenue based on or in connection with your Broadcast and/or Host Channel; (iii) include your user name and descriptions of your Broadcast and/or Host Channel in a directory on the Site and in promotions associated with the Site; and (iv) in cases where your Broadcast are performed via an audio player that has the ability to display visual material, display LetMeHearYa visual material simultaneously with the delivery of your Broadcast to the extent permitted by law. You agree not to block, delete or otherwise interfere with LetMeHearYa's ability to display advertising or sponsored content on, or related to, the Site and/or your Broadcast. You agree that LetMeHearYa has the right to place and conduct all advertisements, sponsorships and promotions in connection with your Broadcast and/or Host Channel, and to collect all forms of commissions and other revenue associated therewith, without compensation to you of any kind. The timing, frequency, placement and extent of advertising, sponsorships and promotions by LetMeHearYa in connection with your Broadcast and/or Host Channel is subject to change and shall be determined by LetMeHearYa in its sole discretion. You acknowledge and agree that unless LetMeHearYa agrees otherwise in a prior written agreement, You may not incorporate any advertising, or conduct any other paid sponsorship or promotional activities of any kind or nature, in or in connection with your Broadcast or Host Channel. In the event that You and LetMeHearYa enter into an agreement allowing you to secure sponsors and/or advertisers in connection with Your Broadcast and/or Host Channel, You will be entitled to collect commissions and revenues in connection with such sponsors and/or advertisers as agreed to by all parties. Advertisement Insertion.LetMeHearYa will display hyper-linked advertisements (”Ads”) on in connection with the transmission of your Broadcast, Host Channel and audio player, and/or will play audio advertisements before, during or after your live show, and/or will insert advertisements before, during or after your archived audio. Each time a user of the Site clicks on one of the Ads (”Ad Clicks”), or one of the Ads appears via a visual or audio impression served by LetMeHearYa (”Ad Impressions”), as applicable, you will be eligible to earn money. You acknowledge and agree that LetMeHearYa may embed or serve with any audio content: (i) advertisement insertion software provided either by LetMeHearYa (the “LetMeHearYa Ad Insertion Software”) or a third party; and (ii) third party and/or LetMeHearYa-provided hyper-linked Ads. LetMeHearYa uses the tag information and the LetMeHearYa Ad Insertion Software to track and measure Ad Clicks and Ad Impressions.

  1. Implementation and Operation of Ads. All Ads served in connection with your Broadcast, Host Channel or audio content shall be displayed to listeners of your live stream or archived audio files on the Site in standard formats as offered generally by LetMeHearYa from time to time.
  2. Ownership.You expressly acknowledge and agree that LetMeHearYa or its licensees shall own all right, title and interest in and to the LetMeHearYa Ad Insertion Software and all related technology, services, algorithms, search engines and search indices, including, without limitation, all intellectual property rights therein, and that you will not acquire any right, title or interest in or to the LetMeHearYa Ad Insertion Software, except as expressly set forth in this Agreement. You will not create or attempt to create a substitute or similar service or product through use of or access to the LetMeHearYa Ad Insertion Software or confidential information related thereto.
  3. Communications Solely With LetMeHearYa. You will direct any communications relating to any third-party advertisements exclusively to LetMeHearYa and not to the advertisers. No other communications from advertisers or other third parties will be binding on LetMeHearYa or will otherwise affect this Agreement.

6. Representations and Warranties

In addition to any other representations and warranties contained herein, You represent and warrant that:

  1. You have full right and power to enter into and perform this Agreement, and have secured all third-party consents necessary to enter into this Agreement;
  2. All factual assertions that You have made and will make to LetMeHearYa are true and complete;
  3. You are of the age of majority and have the full and complete right to agree to the terms contained in this Agreement;
  4. Neither your Broadcast nor any parts thereof defame any third parties, constitute impermissible hate speech or otherwise violate any rights of free speech of any third parties;
  5. Neither your Broadcast nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including, without limitation, trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party;
  6. You own or have the necessary licenses, rights, consents, and permissions to use and to authorize LetMeHearYa to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Broadcasts and the content thereof to enable inclusion and use of the same in the manner contemplated by the Site and this Agreement;
  7. You have the written consent, release, and/or permission of each and every identifiable individual person included in the content of your Broadcast to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the same in the manner contemplated by the Site and this Agreement;
  8. With respect to each musical or other audio recording uploaded by you to LetMeHearYa, either you own or control all rights in any such sound recording;
  9. You understand that when using the Site, you will be exposed to Broadcast and other content from a variety of sources, and that LetMeHearYa is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Broadcast and the content thereof. You further understand and acknowledge that you may be exposed to Broadcast and other content that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LetMeHearYa with respect thereto, and agree to indemnify and hold LetMeHearYa, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

7. Termination

LetMeHearYa reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, LetMeHearYa may terminate your use of the Services or access to the Site immediately and without notice if: (a) You breach this Agreement or the Terms of Use; (b) You infringe the intellectual property rights of a third party in connection with your use of the Site; (c) LetMeHearYa is unable to verify or authenticate any information You provide to it, or (d) any material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party.

8. Notices

Unless otherwise provided in this Agreement, any notices to LetMeHearYa under this Agreement shall be sent to support@letmehearya.com.

9. Further Actions Necessary

You agree to sign such other and further documentation as may be required by LetMeHearYa in its sole discretion to effectuate the grant of rights and releases contemplated herein. You further agree, promptly upon the request of LetMeHearYa, to produce any and all documents and other evidence related to your rights to create your Broadcast for transmission via the Site.

10. Adequacy of Consideration

You understand and agree that the consideration specifically recited in this Agreement is the complete and total consideration due to You from LetMeHearYa, and You shall not look to LetMeHearYa for any compensation or further consideration of any kind.

11. Assignment

This Agreement may be assigned by LetMeHearYa. LetMeHearYa may, without your consent, assign this Agreement to (i) a parent, subsidiary, affiliate, division or corporation controlling, controlled by or under common control with LetMeHearYa; (ii) a successor corporation related to LetMeHearYa by merger consolidation, bankruptcy reorganization or government action; or (iii) a purchaser of substantially all of LetMeHearYa's assets. In the event that such assignment occurs, LetMeHearYa, its successors, or assigns may terminate this Agreement by giving immediate written notice to You. Notwithstanding such termination, the indemnities, warranties and representations set forth herein shall remain in full force and effect.

12. Choice of Law; Venue; Dispute Resolution

The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California, without regard to its conflicts of laws principles. You and LetMeHearYa agree that any and all disputes arising out of or related to this Agreement shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 12 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 12). Any arbitration arising out of or related to this Agreement shall be held in Los Angeles County, California, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the date that any issue is submitted to arbitration (the “Submission Date”), discovery (if any) will be completed within sixty (60) days after the Submission Date, the arbitration hearing will occur within ninety (90) days after the Submission Date, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the conclusion of the arbitration hearing.

13. Unlawful Conduct

A. Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to LetMeHearYa's Designated Agent at support@letmehearya.com. In particular, if You are a copyright owner or an agent thereof and believe that any Broadcast or the content thereof infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing LetMeHearYa's Designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Counter Notifications should be sent to LetMeHearYa's Designated Agent at support@letmehearya.com. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which [NAME OF THIRD PARTY APPLICATION DEVELOPER] may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (13)(a) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

14. Remedy

Your sole remedy for any breach of this Agreement by LetMeHearYa shall be the commencement of an arbitration proceeding for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of LetMeHearYa, or any breach of this Agreement by LetMeHearYa.

15. Entire Agreement

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof, that are not merged herein, expressly referenced herein, or superseded hereby.

16. Independent Contractor

Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between You and LetMeHearYa.

17. Severability

The provisions of this Agreement are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the parties as reflected in the original provision.

18. No Waiver

Any delay or failure on the part of LetMeHearYa to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.

19. Indemnification

You indemnify and hold harmless LetMeHearYa, and the officers, directors, employees, partners, principals, agents and representatives of LetMeHearYa, from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your participation in or use of the Site or any of the websites, facilities, software, transmission capabilities, or Services of LetMeHearYa; (b) any breach by You of any covenant, representation or warranty made by you in this Agreement; (c) any claims that your Broadcast or other use of the Site violates the intellectual property rights of any third parties, defames any third parties, constitutes impermissible hate speech or otherwise violates any rights of free speech or any other rights of any third parties; and (d) any portion of the content of any Broadcast created or hosted by You or under your authority, including the content that You generate as well as any content contributed in any manner by any guest or caller on any Broadcast created or hosted by you or under your authority. This defense and indemnification obligation will survive any termination of this Agreement and your use of the Site.

20. Survival

All provisions which must survive in order to give effect to their meaning shall survive any expiration or earlier termination of this Agreement, including, without limitation all of your representations, warranties and indemnification obligations.

21. Disclaimer of Warranties; Limitation of Liability

THE SERVICES, PREMIUM SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, “INFORMATION”) ARE PROVIDED “AS IS”, AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LETMEHEARYA MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. LETMEHEARYA MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT LETMEHEARYA SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OF THE SITE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, LETMEHEARYA SHALL HAVE NO LIABILITY FOR ANY LOSSES OR INJURIES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, OR FOR ANY LOST PROFITS OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING, IN WHOLE OR IN PART, FROM:

  1. LetMeHearYa's actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services;
  2. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
  3. any decision made or action taken or not taken in reliance upon the Information furnished in connection with the Site, whether such Information is posted;
  4. your use of, or reliance on the Information, or from the use by You of the Internet generally;
  5. your use of, or the inability to use, the Services or the Site, even if LetMeHearYa has been advised of the possibility of such damages;
  6. any unauthorized access to or use of LetMeHearYa's servers and/or any and all personal information and/or financial information stored therein; and
  7. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party;

Notwithstanding any provision to the contrary contained in the Terms of Use or otherwise, LetMeHearYa's total liability to You is limited to credit for services rendered.

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