Terms of Service

Welcome to the Terms and Conditions of Heari

Please acknowledge that accessing http://www.heari.net or using its mobile app (referred as App or Heari) and related services for sharing your thoughts, opinions, ideas, and other audio posts with your friends or in the community forums and social media platforms being made available on this website may introduce you to entirely different ideas, concepts, viewpoints, and statements which may be inappropriate, outrageous, or otherwise objectionable from your perspective.

These terms and conditions will govern all such issues that may arise in relation to your access to http://www.heari.net (referred as HEARI INC., we, us, and our), downloading, installation or use of Heari to share/stream your audio posts or participation in community forums and social media platforms (collectively referred as the Service) being offered on this website or the websites of its partners, subsidiaries, affiliates, licensees and service providers (collectively referred as the Partner Websites).

Accessing this website or using the Service shall be deemed as your consent to enter a legally binding agreement with HEARI INC. Clicking I Agree or related syntaxes on any part of this website or interface of your device shall be deemed as your digital signature and bind you to these terms and conditions. If you don’t agree, you may stop accessing this website, remove Heari from your device and discontinue the Service.

When you enter this agreement, it shall be deemed that you are at least 18 years old and otherwise qualified to enter a legally binding agreement, and if you are not, using Heari / Service under the supervision and guidance of your legal guardians who shall enter this agreement on your behalf. However, minors of less than 13 years of age are not allowed to access this website, download/install Heari or use the Service.

HEARI INC. reserves a right to determine the process and procedures for using the Service. All declarations, notifications and communications related to the Service shall be carried out through electronic channels of communication.

Registration / Subscription

Downloading/installing Heari or using the Service shall be voluntary, but you may be required to register/subscribe with us and create your account on the App for accessing/using any feature or aspect of the Service being offered on this website. Certain features like broadcasting or streaming audio or any other content may be restricted to the subscribers.

HEARI INC. shall be entitled to charge a subscription fee for its premium features and you may be required to purchase or upgrade your membership by paying subscription fee commensurate with available features/membership plans.

It shall be your responsibility to maintain the confidentiality of your account. You will be responsible for all activities that may take place under your credentials. . If you suspect an unauthorized activity related to your account on the App, immediately inform us for preventing/avoiding unwanted obligations that may result from such activities.

When you register on Heari or subscribe to any service being offered on this website, you may be required to provide your location, interests, and other information related to your demographic profile. Your personal information will be collected solely for improving your experience on the App/Service.

Copyright and Trademarks

All content, including the texts, pictures, graphics, descriptions, presentations, logos, icons, trademarks, service marks, search engine, applications, and associated service names are owned by HEARI INC. and its collaborating partners, fully protected by the copyright and trademark laws in the United States and related international conventions.

You should have a right to download a single copy of shared content for personal and non-commercial use, but nothing in this agreement shall grant you any rights to edit, copy, reproduce, transfer or redistribute the accessed / downloaded content for selling, leasing, republishing, creating derivative work or utilizing it in any manner or media without obtaining a prior consent from HEARI INC.

You are not allowed to alter the sequences of any text, picture, presentation or illustration in the accessed / downloaded content or remove the copyrights, trademarks or relevant proprietary rights notice from such content.

Prohibitions

You may use the website for lawful purposes only. Violating any local, state or federal laws, or infringing other’s rights on the Service shall be strictly prohibited. It shall be your responsibility to ensure that Service is available in your country, and by using the App/Service, you are not likely to violate any local, state, federal, and international laws or restrictions/embargos for being listed in any Governmental list of prohibited/restricted parties.

The following activities shall be strictly prohibited on the App/Service:

  • Infringing third party rights, including their intellectual property and copyrights.
  • Modification, redistribution or retransmission of the content in any form or manner.
  • Commercial exploitation of the App/Service in any form or manner.
  • Compromising any safety or security feature on the website/service, or disrupting, abusing or testing any feature, service, applications, system tools, networks, servers, records and use data which can be accessed through this website or linked websites.
  • Impersonating someone on the website, stalking other users or tricking them to follow any malicious links.
  • Spreading viruses and worms, hazardous, illegal and prohibited content, or promoting any kinds of misleading, unreliable, fabricated or unruly data or information.
  • Exploiting our brand name, signs, logos, nutrition fact cards, and other descriptions by using any technology or media unless you are duly authorized by Reason to Season.
  • Creating deceptive accounts or using the Service with a fabricated identity.
  • Posting or sharing any content that is incorrect, erroneous, defamatory, offensive, obscene, vulgar, disturbing, sexually explicit, profane, menacing, and obtrusive of others right to privacy or publicity or violates any rules, regulations, and applicable laws.

User Generated Content

Heari provides access to its unique audio social network and lets you share your views, ideas, and opinions as audio posts. We are fully committed to make your voice heard. You can register on the App and freely communicate with your friends and family by using audio posts or simply broadcast/stream your audio notes (referred as User-Generated Content) to everyone in your friend network.

When you share audio posts or broadcast/stream your audio notes on/through Heari, HEARI INC. shall be entitled to non-exclusive yet perpetual, irrevocable and royalty-free rights over all User-Generated Content that may be posted, shared, featured or otherwise transmitted on/through the App/Service. HEARI INC. shall retain unlimited rights to modify, distribute, transfer or share the User-Generated Content with its Collaborating Partners or other third parties, without paying any compensation for intellectual property contained in any derivative work or promotional campaign.

When you register your account on the App, HEARI INC. shall be entitled to use your name, profile pictures, username, audio posts, and other uploaded content for its business promotion. However, you are not allowed to exploit others audio posts or content. Unless otherwise mentioned in this agreement, you shall never be allowed to edit, modify, change or counterfeit any user profile, user generated content or copyrighted material that you might have download while using the App/Service. You will be allowed to access or download any shared user profile, audio post or content for personal and non-commercial use, but this user right shall never be deemed as any kinds of ownership right over the user-generated content.

When you post any audio note/media to share your views, reviews, comments, feedbacks, suggestions or information on the Service, it shall be deemed that you are sharing genuinely true and reliable content, and retain all the rights to publish, post, share, or communicate such content on our forums and social media platforms. HEARI INC. reserves a right to demand conclusive proof and verify that you actually own or duly authorized to publish the content. You shall be solely liable for any audio post that you share on the App/Service.

HEARI INC. reserves a right to monitor your activities on the App/Service, but shall not be obligated to do so as it may not be feasible to review a substantially large number of audio posts. It shall be your responsibility to ensure that your audio posts and shared/communicated content adheres to our policies. We shall take corrective measures only on becoming aware of any violation of this agreement or infringements of third party rights.

If we believe or become aware that you have posted any audio media/note or shared any content in violation of this agreement or applicable laws, we may refuse to post, broadcast or stream your content or edit, modify, or remove any posted/shared content on the App/Service. You shall never post or share any audio media that:

  • Portrays commercial solicitation
  • Portrays sexually explicit content
  • Portrays politically biased or otherwise prohibited content
  • Creates misleading, deceptive, unlawful or fraudulent claims
  • Contains racial, abusive, threatening, harassing, obscene or otherwise objectionable language
  • Contains viruses or other kinds of malicious codes that can harm the device of other users

Termination of the Service

HEARI INC reserves a discretionary right to block, suspend, or terminate the account of any user and prevent such users from using the App/Service any further. 

HEARI INC. shall be entitled to modify, suspend or permanently remove any feature or aspect of the Service in its sole discretion.  You shall not be entitled to claim any damages or compensation on the ground that your access to the App/Service was denied and/or any feature or aspect of the Service, including the forums and social media failed to perform as per your expectations or requirements.

Privacy Policy

HEARI INC. reserves a right to share your personal information with the Collaborating Partners or other third parties, as determined by it. However, all sharing or disclosure of your personal information will take place according to our Privacy statement, which shall be a part of this agreement.

We may use cookies or other automated tools and techniques to collect user data on the Service. Please refer our Privacy Policy to understand how we protect your personal information on the App/Service.

Indemnity

You shall indemnify and defend HEARI INC and its Collaborating partners and hold each of their respective subsidiaries, licensees, affiliates, service providers, directors, executives and employees harmless against all losses, damages, claims or consequences, including but not limited to administrative or legal expenses that may arise in relation to:

  • Your violation of this agreement.
  • Your violation of third party rights.
  • Your ability or inability to use Heari /Service
  • Your use or misuse of the App, community forums, social media platforms, and other resources/services being offered on/through Heari or this website.

Disclaimer of Warranties

Subject to the applicable laws, HEARI INC. disclaims all warranties and representation to the maximum extent permissible under the laws.

Nothing on this website or in the oral/written communications with the support executives, affiliates or other representatives of Heari shall create any kind of warranty or representation, including but not limited to warranties of accuracy, authenticity, reliability, availability, completeness, timeliness, fitness or suitability of views, reviews, ideas, thoughts, opinions, audio posts and other resources, non-infringement of titles or other proprietary rights, and merchantability or quality of products and services, unless it has been specifically mentioned in this agreement.

You should acknowledge and consent that:

  • All audio posts, views, reviews, ideas, thoughts, opinions, descriptions, presentations, advice, suggestions, recommendations and other resources are being provided as it is and for information purpose only, without creating any kinds of implicit or explicit warranties.
  • Nothing on Heari/Service shall create any kinds of warranty or representation regarding the accuracy, reliability, timeliness, completeness, suitability and availability of audio posts, information, or any other content being featured, offered or shared on/through the App and related forums, social media platforms or otherwise accessible sections of the website/Service.
  • Nothing on the App/Service shall create any kinds of warranty or representation regarding absolute security and interruption free service. We don’t claim that the Service will be free from viruses/malicious codes, errors and omissions, or technical limitations, and all security issues, errors and omissions, or interruptions will be promptly restored.
  • HEARI INC. shall not be liable any fraudulent member or illegal entities on the Service and their unsolicited/unlawful behavior and activities, irrespective of their status as verified member/subscriber.
  • Nothing on the App/Service this shall create any kinds of warranty, representation or assurance that other users profile information, audio posts, shared content, third party advertisements, resources or the Service will be correct, authentic and reliable or meet your expectations or requirements. You must apply your common sense before relying on any such information. HEARI INC. shall never be a party to your social or business relationship with other users / service providers.
  • You will bear all the risks that may be involved in using Heari to access any feature/aspect of the Service or participating in forums or social media platforms being offered on this website. We shall not be liable for any kinds of unauthorized access to your account, ethical or unethical hacking, identity theft or misuse of your information that might take place on the App/Service or the websites of our collaborating partners.

Unless otherwise mentioned in this agreement, third-party logos, trademarks, and service marks that have been featured on the Service are not associated, linked or affiliated to HEARI INC. Such logos, trademarks, and service marks are exclusive properties of their respective owners/service providers. Featuring third-party logos, trademarks and service marks on Heari doesn’t mean that we are endorsing or recommending their products or services.

Limitation of Liabilities

HEARI INC. shall not be liable for any direct, indirect, minor, major, exemplary or special damages, including but not limited to financial loss, low profits, loss of goodwill, data, credibility or other intangible losses that may arise due to your ability or inability to use Heari and/or related services, resources, audio posts, information, or any deals being made available or offered on the App/Service, irrespective of the fact that such claims or liabilities arise due to any kinds of misrepresentation, negligence of duty, tort, breach of contract or statutory duties by  HEARI INC. and its collaborating partners or otherwise, and the possibility of such damages were already conveyed to it.

The exclusion of incidental and consequential damages is not permitted in some jurisdictions, and these limitations of liabilities will apply to the extent permitted in your jurisdiction. However, our liabilities, in any case, shall not exceed the total subscription fees that you might have paid during the past three months immediately preceding any such event that makes us liable.

Severability

The terms and conditions of this agreement shall be severable. If any provision of this agreement becomes redundant or declared void by the courts, the affected clause/section shall be severed and the remaining part of this agreement shall continue with full legal sanctity. When feasible, the impugned clause/sections shall be replaced by new provisions in the true spirit of this agreement.

Waiver

If we are unable to enforce a strict compliance of this agreement or ignore any non-compliance in light of certain circumstances, it shall never be deemed as a waiver of any provisions or our rights to demand strict compliance for any subsequent violation.

Dispute Resolution

The parties to this agreement shall consent to resolve all their disputes through mutual negotiations. HEARI INC. will establish and maintain a complaint handling procedure and you may register your complaints or feedbacks at any time.

Governing Law

These terms and conditions shall be interpreted according to the U.S. laws and the parties to this agreement shall submit before the exclusive jurisdiction of the courts in the United States. 

Entire Agreement

These terms and conditions shall be part of your entire agreement, including the Privacy Policy, End-user Licenses and additional agreements that you may enter with HEARI INC. or the Collaborating Partners for using certain premium features/services being offered on the Service.

Changes in this Agreement

HEARI INC. reserves a right to edit, modify or replace this agreement at any time and in its sole discretion.  Continued access to this website or use of App/Service after such modification shall be deemed as your consent to the modified agreement.

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