EULA

Date of Last; Revision: February 27, 2018

End User License Agreement

This End User License Agreement ("EULA") governs our relationship with users and others who interact with Hearo.Live Services. By using or accessing the Hearo.Live Services, you agree to this EULA, as updated from time to time in accordance with Section 9 below.

Your privacy is important to us. We designed our Data Policy to disclose how you can use Hearo.Live to share with others and how we collect and can use your content and information.

You own all of the content and information you post on Hearo.Live. In addition:

We do our best to keep Hearo.Live safe, but we cannot guarantee it. We need your help to keep Hearo.Live safe, which includes the following commitments by you:

Hearo.Live users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

We respect other people's rights, and expect you to do the same.

Our goal is to deliver commercial or sponsored content that is valuable to our users and businesses. In order to help us do that, you agree to the following:

If you violate the letter or spirit of this EULA, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Hearo.Live to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Hearo.Live outside the United States:

  1. Privacy
  2. Sharing Your Content and Information
    1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Hearo.Live (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information using the Public setting, or to Guides, it means that you are allowing everyone to access and use that information, and to associate it with you (i.e., your name and profile picture).
    4. We always appreciate your feedback or other suggestions about Hearo.Live, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
  3. Safety
    1. You will not post unauthorized commercial communications (such as spam) on Hearo.Live.
    2. You will not collect users' content or information, or otherwise access Hearo.Live, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Hearo.Live.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
    9. You will not use Hearo.Live to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Hearo.Live, such as a denial of service attack or interference with page rendering or other Hearo.Live functionality.
    11. You will not facilitate or encourage any violations of this EULA or our policies.
  4. Registration and Account Security
    1. You will not provide any false personal information on Hearo.Live, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal account.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use Hearo.Live if you are under 17.
    5. You will not use Hearo.Live if you are a convicted sex offender.
    6. You will keep your contact information accurate and up-to-date.
    7. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
    8. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
    9. If you select a username or similar identifier for your account or Guide, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name), or if, in Hearo.Live’s sole discretion, we choose someone else to hold that username.
  5. Protecting Other People's Rights
    1. You will not post content or take any action on Hearo.Live that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on Hearo.Live if we believe that it violates this EULA or our policies.
    3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    5. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
    6. If you collect information from users, you will: obtain their consent, make it clear you (and not Hearo.Live) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    7. You will not post anyone's identification documents or sensitive financial information on Hearo.Live.
  6. Mobile and Other Devices
    1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on Hearo.Live within one week to ensure that your messages are not sent to the person who acquires your old number.
    3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Hearo.Live.
  7. About Commercial Content Served or Enhanced by Hearo.Live, including Guides
    1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.
    2. We do not give your content or information to advertisers without your consent.
    3. You understand that we may not always identify paid services and communications as such.
    4. If you send content to a Guide, then you also grant to Hearo.Live and the Guide the right to curate, edit, moderate, remove, redistribute or publish that content, as they see fit, without fee.
  8. Special Provisions Applicable to Software
    1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
    2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
  9. Amendments
    1. We’ll notify you before we make changes to the EULA.
    2. Your continued use of the Hearo.Live Services, following notice of the changes to our EULA constitutes your acceptance of our amended EULA, policies or guidelines.
  10. Termination
  11. Disputes
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this EULA or Hearo.Live exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this EULA, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
    2. If anyone brings a claim against us related to your actions, content or information on Hearo.Live, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Hearo.Live and are not responsible for the content or information users transmit or share on Hearo.Live. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Hearo.Live. We are not responsible for the conduct, whether online or offline, of any user of Hearo.Live.
    3. WE TRY TO KEEP HEARO.LIVE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING HEARO.LIVE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT HEARO.LIVE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT HEARO.LIVE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. HEARO.LIVE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR HEARO.LIVE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS EULA OR HEARO.LIVE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HEARO.LIVE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  12. Special Provisions Applicable to Users Outside the United States
    1. You consent to having your personal data transferred to and processed in the United States.
    2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Hearo.Live (such as advertising or payments) or operate a Platform application or website. You will not use Hearo.Live if you are prohibited from receiving products, services, or software originating from the United States.
  13. Definitions
    1. By "Hearo.Live" or” Hearo.Live Services” we mean the features and services we make available, including through (a) our website at Hearo.Live and any other Hearo.Live branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Hearo.Live reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate EULA and not this EULA.
    2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Hearo.Live or provide data to us.
    3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Hearo.Live.
    4. By "content" we mean anything you or other users post, provide or share using Hearo.Live Services.
    5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Hearo.Live or provide to Hearo.Live through Platform.
    6. By "post" we mean post on Hearo.Live or otherwise make available by using Hearo.Live.
    7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    8. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
    9. By “Trademarks” we mean all Hearo.Live trademarks.
    10. By “Guides” we mean accounts that have a public presence on Hearo.Live, and who may accept, curate or moderate content sent to their accounts.
  14. Other
    1. References to “us,” “we,” and “our” mean Hearo.Live, Inc.
    2. This EULA makes up the entire agreement between the parties regarding Hearo.Live, and supersedes any prior agreements.
    3. If any portion of this EULA is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this EULA, it will not be considered a waiver.
    5. Any amendment to or waiver of this EULA must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this EULA to anyone else without our consent.
    7. All of our rights and obligations under this EULA are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this EULA shall prevent us from complying with the law.
    9. This EULA does not confer any third party beneficiary rights.
    10. We reserve all rights not expressly granted to you.
    11. You will comply with all applicable laws when using or accessing Hearo.Live.

By using or accessing Hearo.Live Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time.

Data Policy

We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.

We also collect content and information that other people provide when they use our Services, including information about you, such as when they share a photo of you, send a message to you, or upload, sync or import your contact information.

We collect information about the people and groups you are connected to and how you interact with them, such as the people you communicate with the most or the groups you like to share with. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device.

We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices.

We use all of the information we have to help us provide and support our Services including making suggestions to you. When we have location information, we use it to tailor our Services for you and others. We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.

We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.

We use the information we have to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services. Learn more about advertising on our Services and how you can control how information about you is used to personalize the ads you see.

We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services.

We use cookies and similar technologies to provide and support our Services and each of the uses outlined and described in this section of our policy.

People use our Services to connect and share with others. We make this possible by sharing your information. When you share and communicate using our Services, you choose the audience who can see what you share.

Public information is any information you share with a public audience, as well as information in your Public Profile or another public forum. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.

In some cases, people you share and communicate with may download or re-share this content with others on and off our Services. When you comment on another person’s post or like their content on Hearo.Live, that person decides the audience who can see your comment or like. If their audience is public, your comment will also be public.

Other people may use our Services to share content about you with the audience they choose.

When you use third-party apps, websites or other services that use, or are integrated with, our Services, they may receive information about what you post or share. Information collected by these apps, websites or integrated services is subject to their own terms and policies.

If the ownership or control of all or part of our Services or their assets changes, we may transfer your information to the new owner.

We work with third party companies who help us provide and improve our Services or who use advertising or related products, which makes it possible to operate our companies and provide free services to people around the world.

Here are the types of third parties we can share information with about you: Advertising, Measurement and Analytics Services (Non-Personally Identifiable Information Only). We want our advertising to be as relevant and interesting as the other information you find on our Services. With this in mind, we use all of the information we have about you to show you relevant ads. We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners unless you give us permission. We may provide these partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you.

We transfer information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Data Policy and the agreements we enter into with them.

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm.