LetMeHearYa Terms of Use

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”), to provide You access to the LetMeHearYa website (the “Site”) subject to the terms and conditions of use set forth below (the “Terms of Use”). When we refer to “You,” we mean not only you personally as the user of the Site, but also all other persons who have access to your premises, facilities or equipment and who are users of the Site. When we use the term “Service” or “Services,” we mean including, without limitation, the provision of user-generated audio transmissions, message boards, chat services and all other services available on the Site.

By utilizing the Site and Services, You acknowledge that you have read and understood, and you agree to the terms and conditions of this Agreement and that these terms and conditions apply to all past, current, and future use of the site. You also acknowledge that you have read and understood, and that you agree to the terms and conditions of the LetMeHearYa User Agreement and that these terms and conditions apply to all past, current, and future use of the site. You represent and warrant that all information You submit is truthful and accurate and that You agree to maintain the accuracy of such information. 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 profile may be deleted without warning if it is found that you are misrepresenting your age, or if you are otherwise not in compliance with these Terms of Use.

Your access to the Site is solely for your personal use, and You shall not authorize others to use your LetMeHearYa account, including your profile or email address. You are solely responsible for all audio and visual content published or displayed in connection with your LetMeHearYa account, any Broadcast (as defined in the LetMeHearYa User Agreement) created or hosted by You, any Host Channel (as defined in the LetMeHearYa User Agreement) created or hosted by You, including any email messages, and for your interactions with other users of the Site. You agree to notify LetMeHearYa immediately of any breach of security or unauthorized use of your account. LetMeHearYa will not be liable for your losses caused by any unauthorized use of your account, however, You may be liable for the losses of LetMeHearYa or others due to such unauthorized use.

1. Charges and Payments

At the present time, LetMeHearYa.com provides its basic Services free of charge to users of the Site. You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Site via the internet. LetMeHearYa reserves the right, at any time, to charge fees for access to the Site or for any of its Services.; in the event that LetMeHearYa elects to charge fees at any time for use of the Site or the Services, information concerning the same will be posted on the Site.

2. Content Guidelines/Prohibited Uses

a. Content Guidelines

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.

LetMeHearYa, in its sole discretion, shall determine your compliance with the foregoing prohibitions set forth in this subparagraph, 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.

b. Transmission of Broadcast Blogs.

You must read and agree to the terms of the LetMeHearYa User Agreement in order to transmit your own Broadcast via the Site. To the extent these Terms of Use conflict with the LetMeHearYa User Agreement with respect to any Broadcast transmitted by you via the Site, the LetMeHearYa User Agreement shall govern with respect to any such Broadcast.

c. Other Restrictions on Use.

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.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Third Party Content submitted by third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or its content.

In addition to the foregoing, You shall comply with all laws and regulations applicable to your use of the Services, the Site, the Material, and the Content. You may not make available or list any Broadcast generated by or offered through the Site or LetMeHearYa's servers on any other website or in any other medium without the prior express written permission of LetMeHearYa, provided, however, that you may make a Broadcast that you have created available on a website that is wholly owned or controlled by You. The maximum bit rate of your Broadcast will be set by LetMeHearYa, unless prior written approval has been granted by an authorized representative of LetMeHearYa. LetMeHearYa may take any action with respect to the Material and/or the Content if LetMeHearYa believes, in its sole discretion, that the Material and/or the Content may create liability for itself or any third parties or may cause LetMeHearYa to lose (in whole or in part) the services of its ISPs, vendors or advertisers.

You may not impose an unreasonable or disproportionately large load (as determined by us 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.com or any of its business affiliates. You may not attempt to gain unauthorized access to the LetMeHearYa infrastructure or to interfere or disrupt the service.

You may not use the service for any commercial purpose, post advertisements or solicitations of business unless granted permission by LetMeHearYa. You further agree not to solicit any users of the website for commercial purposes. You agree not to collect or harvest any personally identifiable information, including account names, from the Site.

3. Links to Third-Party Sites

Any third-party websites to which the Site may link are not under LetMeHearYa's control, and LetMeHearYa does not assume any responsibility or liability for any information, content, communications or materials available on such third-party websites. Absent express language to the contrary, LetMeHearYa does not intend links contained on the Site to be referrals to, or endorsements of the linked third-party sites or the entities that operate them, and such links are provided for convenience only. By using the Site, you expressly relieve LetMeHearYa from any and all liability arising from your use of any third-party website.

4. DISCLAIMER AND LIMITATION OF LIABILITY

THE 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, THE CONTENT OR THE INFORMATION OR THAT THE INFORMATION OR CONTENT 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 THIRD PARTY MATERIALS OR 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 4, 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 of these Terms of Use to the contrary, LetMeHearYa's total liability to you is limited to credit for services rendered

5. Privacy and Communications to the Site

Any communication, information or other material you transmit or post to the Site, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to LetMeHearYa a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. LetMeHearYa's use of personally identifiable information, as well as LetMeHearYa's use of cookies and other tracking methods, is governed by the terms of LetMeHearYa's Privacy Policy. By accepting the Terms of Use, you expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to LetMeHearYa's use of your information, as enumerated in LetMeHearYa's then-current Privacy Policy, which is incorporated herein by reference. Because LetMeHearYa's Privacy Policy may change from time to time, you should also review it regularly for updates.

6. Representations and Warranties

You represent and warrant that:

  1. you have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;
  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, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Use;
  4. 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;
  5. LetMeHearYa has created certain areas on the Service that contain adult, mature or explicit content and that if you choose to access such content, You are at least 18 years of age.

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 the Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (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. Governing Law, Jurisdiction and Dispute Resolution

The Terms of Use shall be governed by and construed in accordance with 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 8 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 8). Any arbitration arising out of or related to this Agreement shall be held in the personal jurisdiction and venue in the state and federal courts for 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.

9. Changes to the Services and the Site

LetMeHearYa reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any of the Site features, databases or content. LetMeHearYa will attempt to provide reasonable notice of such changes to the Services or the Site. LetMeHearYa may also impose limits on features or restrict access to parts of the Site.

10. Modifications to the Terms of Use

LetMeHearYa may amend these Terms of Use at any time by posting amended Terms of Use to the Site. The amended Terms of Use shall be effective immediately upon posting to the Site. LetMeHearYa therefore encourages you to review these Terms of Use frequently.

11. Unlawful Conduct

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.

12. Indemnification

You agree to 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.

13. Miscellaneous

LetMeHearYa reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any of the Site features, databases or content. LetMeHearYa will attempt to provide reasonable notice of such changes to the Services or the Site. LetMeHearYa may also impose limits on features or restrict access to parts of the Site.

  1. Your sole remedy for any breach of these Terms of Use by LetMeHearYa shall be an action at law 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 these Terms of Use by LetMeHearYa.
  2. These Terms of Use constitute the entire understanding of You and LetMeHearYa 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.
  3. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between You and LetMeHearYa.
  4. The provisions of these Terms of Use 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 You and LetMeHearYa as reflected in the original provision
  5. 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.
  6. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.

© 2011 LetMeHearYa, Inc. All rights reserved. LetMeHearYa.com and the LetMeHearYa.com logo are trademarks of LetMeHearYa, Inc. . All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.

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