here.fm

Terms of Service

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Welcome!We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and H3R3, Inc. (“Here.fm” or “Here”). So please read them carefully. By using Here.fm, our video conferencing tools, design tools, or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.1. Who Can Use the ServicesNo one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you state that: <ul> <li>You can form a binding contract with Here.fm</li> <li>You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.</li> <li>You are not a convicted sex offender.</li> <li>You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.</li> </ul> If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.2. Rights We Grant YouHere grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.3. Rights You Grant UsMany of our Services let you create, upload, post, send, receive, and store content. Content can be images, files, notes, messages, drawing or anything else that you add to a Here room. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. For all content you submit to the Services, you grant Here and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. In short, you want to post images in a room or share a file with visitors to a room, and you need to grant us a right to the images or file in order to do that. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. You also agree to adhere to the Copyright and Safety sections of this agreement. For the avoidance of doubt, a room URL is not your content. all room URLs are the property of Here and can be changed at our sole discretion at any time. We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.4. The Content of OthersMuch of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Here reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms and our Content Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to our Terms or Guidelines.5. PrivacyYou agree that Here may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary: (a) as required by law or to comply with legal process. (b) as required to enforce our User Terms. (c) to provide you with customer support for the Services. (d) to respond to any claims that User Content or Organization Content violates the rights of other parties. or (d) to protect the rights, property or safety of Here and other Users on the Services or the Public at large You should read our entire Privacy Policy  for more details.  You acceptance of these User Terms is also an acceptance of this Privacy Policy 6. Respecting Others' RightsHere respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that: <ul> <li>violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.</li> <li>bullies, harasses, or intimidates.</li> <li>defames.</li> <li>spams or solicits our users.</li> </ul> 7. Respecting Copyright Here honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Here becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent: email: copyright@here.fm Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3) . That means the notice must: <ul> <li>contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.</li> <li>identify the copyrighted work claimed to have been infringed.</li> <li>identify 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 let us locate the material.</li> <li>provide your contact information, including your address, telephone number, and an email address.</li> <li>provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.</li> <li>provide 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 copyright owner.</li> </ul>8. SafetyWe try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that: <ul> <li>You will not use the Services for any purpose that is illegal or prohibited in these Terms.</li> <li>You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.</li> <li>You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.</li> <li>You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.</li> <li>You will not use or attempt to use another user’s account, username, or password without their permission.</li> <li>You will not solicit login credentials from another user.</li> <li>You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.</li> <li>You will not upload viruses or other malicious code or otherwise compromise the security of the Services.</li> <li>You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.</li> <li>You will not probe, scan, or test the vulnerability of our Services or any system or network.</li> <li>You will not encourage or promote any activity that violates these Terms.</li> </ul>9. Your AccountYou are responsible for any activity that occurs in your Here account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense: <ul> <li>You will not create more than one account for yourself.</li> <li>You will not create another account if we have already disabled your account, unless you have our written permission to do so.</li> <li>You will not share your password.</li> <li>You will not log in or attempt to access the Services through unauthorized third-party applications or clients.</li> </ul> If you think that someone has gained access to your account, please immediately reach out to Here Support10. Data Charges and Mobile PhonesYou are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.11. Third-Party ServicesIf you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Here is not responsible or liable for a third party’s terms or actions taken under the third party’s terms. If you use any embedded YouTube functionality provided to you through Here's interface, you agree to be bound by YouTube's Terms of Service. Please refer to YouTube's Privacy Policy to understand how YouTube uses the information it collects.12. FeesWe do not charge a fee to use the basic functionality of the Services.  We reserve the right to charge for the Services in the future, and will provide you with ample notice before making any changes to our fee structure.  You may have to pay a fee to use certain features of the Services that are not part of basic functionality.  We may make additional virtual content available for purchase.13. Modifying the Services and TerminationWe’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Here user, you can terminate these Terms at any time and for any reason by deleting your account. Here may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Here continue to be bound by Sections 3, 6, 9, 10, and 12-21 of the Terms.14. IndemnityYou agree, to the extent permitted by law, to indemnify, defend, and hold harmless Here, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services. (b) your content. and (c) your breach of these Terms.15. DisclaimersWe try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Here ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY. (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. Here TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Here WILL BE RESPONSIBLE FOR.16. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, Here AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES. (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES. OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Here HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Here’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID Here., IF ANY, IN THE LAST 12 MONTHS.17. WaiverNo failure or delay by either party in exercising any right under the User Terms, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.18. SeverabilityThe User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.19. AssignmentYou may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.20. Governing LawThese User Termst, and any disputes arising out of or related hereto, will be governed exclusively by the internal laws of the State of New York, without regard to its conflicts of laws rules.21. Venue. Waiver of Jury Trial. FeesAll claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law). Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the User Terms . In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.22. Entire AgreementThe User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail. 23. Contacting HerePlease also feel free to contact us if you have any questions about Here’s User Terms. You may contact us at support@here.fm