Terms of Use
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Last Updated: 28/10/2013
Who We Are:
This Service and/or website is operated by Aha Radio, a business unit of Harman International Industries, Incorporated (referred to as "Harman", "we", "our" or "us"), with address at:
Harman International Industries, Incorporated
Aha Radio
636 Ellis Street
Mountain View, CA 94043
United States
Welcome to Aha Radio:
These terms of use govern your use of or access to: (a) any electronic device application supported by Aha Radio; (b) this Aha Radio website (http://aharadio.com/); or (c) any services related thereto. Hereinafter, any Aha Radio applications, this website, and any services related thereto shall be collectively referred to as the “Services”. Please read these terms of use carefully before using the Services. Your access and use of the Services are subject to these terms of use and applicable laws. By using any part of the Services, you unconditionally agree to follow and be bound by these terms of use. If you do not agree to these terms of use, do not use the Services. Please review these terms of use periodically as these terms of use may change and Harman may make such changes at any time.
Your Age and Agreement to these Terms of Use:
The Services are intended solely for users who are eighteen (18) years of age or older. It is a violation of these terms of use for anyone under 18 to use the Services. By using the Services, you represent to us that you are at least 18 years old. If you are at least 13 but are under the age of 18, you may only use the Services with your parent’s or guardian’s consent and your parent or guardian must provide consent after having read these terms of use. Because the Services may provide access to content that contain explicit material, including strong language or depictions of violence, sex or substance abuse, parental discretion is advised for all users between the ages of 13 and 18. You agree to all of the terms and conditions of these terms of use or if you are between the ages of 13 and 18, you represent that you have obtained your parent’s or legal guardian’s consent after your parent or legal guardian has reviewed and agreed to these terms of use. If you are a parent or legal guardian who has consented to the use of the Services by a person between the ages of 13 and 18, you are fully responsible for that person’s use of the Services, including all financial charges and legal liability that that person may incur. Any contest, promotion or services offered through the Services may have additional terms and conditions.
Harman may, from time to time, offer fee-based products or services, as part or through of the Services. If you accept or use any such fee-based products or services (whether owned or maintained by Harman or a third party), you agree to any additional terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. Your data or wireless provider may charge for your access to the Services, including fees for receipt of text messages or data transmission. In order to use the Services, your data or wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your data or wireless provider to determine what fees, if any, will be charged. In addition, you agree that we may arrange for billing our charges through your data or wireless provider and that your data or wireless provider may invoice you for the applicable fees, deduct them from your pre-paid balance or otherwise charge your data or wireless account.
Changes to these Terms of Use or the Services:
Harman may change these terms of use or any portion of the Services at any time without any obligation to provide notice to you, provided, however, that Harman may, in its discretion, elect to notify you either by sending you electronic notices concerning such change or posting the amendments on our website. These changes will be effective upon the dispatch of the electronic notice to you or Harman’s posting of these changes on the website, whichever is earlier. You agree that Harman will not be liable to you for any change or discontinuance, in whole or in part, of the terms of use or the Service. Your use of the Services after these changes will constitute your acceptance to the changes to the terms of use or the Services. You further agree to review these terms of use periodically and to make yourself aware of these changes.
Termination:
Harman reserves the right in its sole discretion to terminate or restrict your use of all or any part of the Services, without any reason, notice or liability to you or anyone else. The clauses in these terms of use pertaining to your use of Harman’s intellectual property, indemnification and limitation of liability, payment of amounts owed to Harman, and other clauses elsewhere in these terms of use that expressly provide for their survival upon termination or expiration, will survive any termination or expiration, in whole or in part, of these terms of use or your licence to use the Services.
Intellectual Property:
You acknowledge that all business information, code, content, drawings, graphics, information, logos, metadata, meta tags, marketing information, page format and style, phrases, pictures, music clips, video clips, product descriptions, product reviews, renderings, text and trademarks, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith that relate to the Services (collectively referred to as “Proprietary content”) is owned by Harman (or used by it under licence from third parties), and Harman reserves all rights in and to the Proprietary content. Except as expressly granted to you under these terms of use, Harman does not grant you any right, title or interest in or to any part of the Proprietary content. You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, create derivative works from, or exploit in any way, any part of the Proprietary content. You will not frame or use framing techniques to enclose any Harman trademark, logo or other proprietary information. You will not use any meta tags or any other "hidden text" using Harman’s name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Proprietary content. You will not take any action to jeopardise, limit or interfere in any manner with Harman’s rights in and to the Proprietary content. You agree not to portray Harman, its products, or the Services in a false, misleading, derogatory or otherwise offensive manner. Harman reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the site content. The Services may contain content owned or licensed from third parties. All restrictions set forth in these terms of use equally apply to all Proprietary content owned or licensed from third parties.
Grant of Licence:
Subject to the restrictions defined in these terms of use, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable licence to access and use the Services solely for the purpose of your own non-commercial and personal use. You may only use and store one copy of each Aha Radio application for each electronic device that you own. Any other use by you of the Services is strictly prohibited. From time to time, the Services may include third party software or applications. Your rights and obligations relating to such third party software or applications may be governed by separate agreements, policies or other documentations issued by such third parties. All rights not expressly granted to you in these terms of use are reserved to Harman.
Licence Restrictions:
You will not (or assist, allow or direct any third person to): (i) extract, separate, remove or otherwise copy any part of the Proprietary content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Proprietary content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of any part of the Proprietary content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer or otherwise dispose of the Proprietary content, in whole or in part; or (v) use the Proprietary content for any purpose other than what is expressly allowed in these terms of use.
Your Account:
In order to access or use certain Services, you will be required to create a username and password for your use. Select a non-obvious password and preserve your account login credentials with care; do not allow anyone to use your login credentials to access the Services. Do not create more than one account or username for yourself or create an account or username on behalf of another. You agree to immediately notify Harman in the event of any unauthorised use of your login credentials. Harman will not be responsible for any loss or liability resulting from the unauthorised use of your login credentials with or without your knowledge. You are fully and solely responsible for all activities that occur by use of your login credentials. When you provide or post information through the Services, you agree to provide true, accurate and current information and to promptly update such information to keep it true, accurate and current. If you provide any information that is (or Harman reasonably believes to be) untrue or inaccurate, Harman may edit, remove or refuse such information and suspend or terminate your access to your account or the Services. Without incurring any responsibility or liability therefor, Harman reserves the right to take any action it deems necessary to ensure the security of the Services and your account, including without limitation, terminating your account, terminating your use of or access to the Services, changing your password or requesting additional authentication information from you. The security of your personal information is important to Harman. Harman agrees to take reasonable steps to ensure the safety of your personal information. Harman does not represent or guarantee your personal information is free from security threats or other vulnerabilities. Harman reserves the right to terminate your account or your use or access to the Services if Harman, in its discretion, deems your account to be inactive for an extended period of time, and Harman shall have no liability whatsoever to you or any party in relation to such termination.
Your Content:
Harman does not pre-screen content that you or other users post on or through the Services (e.g., Shouts), and the Services merely serve as a forum for users (however, Harman reserves the right to, from time to time and at its discretion, monitor and delete user comments and posts without incurring any liability therefor.) Harman will not be responsible for any malicious or inappropriate content posted by any party. Harman does not guarantee that any information is true, accurate or current or otherwise not false, misleading, inaccurate, fraudulent, deceptive or illegal. By posting any content or information on or through the Services: (a) you grant Harman a royalty-free, non-exclusive, non-revocable, transferrable, worldwide and perpetual right to use any part of your posted information and content in any manner or media now existing or hereafter developed, including the right to publicly display, publicly perform, transmit, stream, broadcast, adapt, modify, edit, decompile, create derivative works, sublicense, assign, commercialise and otherwise exploit without any compensation due to you, which right shall survive any termination of your licence to use the Services or ability to post content hereto; and (b) you represent and warrant that: (i) you either are the owner of all content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Harman the rights in such content; and (ii) neither the content nor Harman’s use of your content (or any portion thereof) on, through or by means of the Services, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You shall have no right or title to your username, which shall be Harman’s property. Your use of the Services constitutes your consent to allow Harman to store content created by you, including your personal information on Harman’s host computers. You are solely responsible for your interaction with other users of the Services, whether online or offline, and Harman is not responsible for any loss or damage relating to such interaction. You also agree to observe and follow the following posting rules:
Without prejudice to Harman’s other termination rights, Harman may delete any of your content, terminate your use of the Services and/or ability to post content, in whole or in part, for any violation of any of the foregoing terms and conditions.
Privacy:
Our Privacy Policy describes the collection and use of information on and through the Services. Read our Privacy Policy prior to any use of the Services. Our Privacy Policy will be governed by these terms of use.
User Content Complaints:
You agree that by using the Services, you may encounter content that you may deem explicit, offensive, indecent, defamatory or objectionable. You agree to use the Services at your sole risk, and that Harman shall have no liability to you for content that you may deem explicit, offensive, indecent, defamatory or objectionable.
Notice of Infringement Claims:
If you believe that your work has been improperly copied and posted on or through the Services, please provide Harman with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the Services and a statement by you made under penalty of perjury (in such form and substance as we may require) that the above information is accurate and that you are the copyright owner or otherwise authorised to act on behalf of the copyright owner.
Notices for Complaints:
Send all legal notices under these terms of use to:
Attention: Legal Department
Harman International Industries, Incorporated
400 Atlantic Street, 15th Floor
Stamford, CT 06901, USA
+1.203.328.3500
Site Security:
Compromising the security of the Services is prohibited and may result in criminal and civil liability. Harman may investigate security-compromising activities and will contact and cooperate with law enforcement if a crime has possibly occurred. By way of illustration, Harman deems the following activity as attempts to compromise the security of the Services: unauthorised access to information on Harman’s server computer or systems such as probes, scans, or vulnerability tests of the Services, bypass or circumvention of the Services authentication measures, interfering with service to any end user, interfering with or tampering with the Services host computer or network facilitating any connection with or to the Services, sending unsolicited emails, such as promotions or advertisements for products or services to Harman or any of the users of the Services, attempts to overload Harman’s host computer or network, altering or cloning packet headers, e-mail headers or message headers. You agree not to use any device, software or other means to interfere or attempt to interfere with the proper working of the Services or any activity being conducted in relation thereto.
Harman's Usage and Storage of Information:
Harman may establish standard practices and limits regarding the use of the Services, including the type of user-posted content permitted on the Services, maximum number of days user-created content is displayed, accessible or retained by Harman or the maximum number of postings an account may submit. Harman will have no liability for the preservation or deletion of any content or personal information maintained by the Services or otherwise provided by you to Harman through use of the Services. Harman reserves the right to modify its usage and storage of content and information from time to time.
Third Party Services, Devices or Applications:
The Services may be linked to other content, devices, services or electronic device applications owned or operated by third parties, or otherwise allow you to access your user account through third party social networking or similar services, electronic devices or electronic device applications (or vice versa). Harman has no control over these third party content, services, devices or applications and shall have no liability for such services or applications. Any references to any third party content, names, marks, products or services, or access or hyperlinks to third party sites or material are provided to you solely for convenience, and do not imply any affiliation, sponsorship or endorsement by Harman. Harman has no responsibility whatsoever for any content, practices, policies or acts of or by such third parties, nor does Harman make any warranties or representations whatsoever regarding such third party content, practices, policies or acts.
Accuracy of Information:
Harman strives to post accurate product or service descriptions. Nevertheless, Harman does not represent or warrant that product or service descriptions or other content on the Services are accurate, complete, reliable, current or error-free, and that pricing, product or service description, clerical, typographical or similar errors may occur.
Enforcement:
Harman reserves the right to enforce these terms of use at the sole discretion of Harman. Harman may issue warnings, suspend or terminate use or access to the Services, edit user-posted content and information, prosecute or institute legal proceedings for any violation of these terms of use. Harman’s refusal or failure to enforce any right or provision of these terms of use will not constitute a waiver of such right or provision. These terms of use shall not be modified by Harman’s trade practice or Harman’s course of dealing with you. Harman may at any time assign its rights and duties under these terms of use to any party without any notice to any party. If any right or provision is deemed unlawful or void, then the provision will be deemed severable from these terms of use and will not affect the validity or enforceability of the remaining terms. These terms will be governed by and construed under the laws of the State of New York, U.S.A., without regard to choice of law provisions, and not by the U.N. Convention on contracts for the international sale of goods. Any dispute or claim by you relating in any way to your use of the Services or any content found therein, to any products or services offered or sold through the Services, or to the interpretation of these terms of use, will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these terms of use. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You agree that any dispute resolution proceeding relating in any way to your visit to or use of any part of the Services, or any content found therein, to any products offered or sold through the Services or to the interpretation of these terms of use will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you agree to waive any right to a jury trial, and you agree to bring any legal proceedings against Harman exclusively in the federal or state courts located in New York, New York, U.S.A., and you waive all defences with respect to venue and jurisdiction in the state and federal courts located in New York, New York, U.S.A., including lack of personal jurisdiction and forum non conveniens. For the avoidance of doubt, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Indemnification:
You agree to indemnify, defend and hold harmless Harman, its parent company, shareholders, officers, directors, employees, agents, licensors, affiliates and suppliers from and against any and all claims, losses, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the Services, including without limitation any content posted or otherwise created by you. This obligation will survive the termination or modification of these terms of use, or of your right to use the Services.
WARRANTY DISCLAIMER:
THE SERVICES AND THE INFORMATION AND CONTENT PROVIDED THEREIN ARE PROVIDED ON AN “AS IS”, “WITHOUT FAULT” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED, AND TO THE FULLEST EXTENT ALLOWED, BY LAW, HARMAN DISCLAIMS ALL WARRANTIES OF EVERY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARMAN DOES NOT REPRESENT NOR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT ANY PART OF THE SERVICES, OR THE SERVER (OR APP STORE) THAT MAKES ANY PART OF THE SERVICES AVAILABLE ARE FREE OF DEFECT OR FREE FROM ANY VIRUSES OR SECURITY COMPROMISING MECHANISMS. HARMAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION, CODE OR CONTENT PROVIDED BY THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, TRUTHFULNESS, USEFULNESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HARMAN OR ITS PARENT COMPANY OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, DIRECTORS, AFFILIATES OR SUPPLIERS (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR COMPUTER MALFUNCTION) THAT RELATE TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PERFORMANCE OR THE CONDUCT OF OTHER USERS OF THE SERVICES, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST ANY OF THE RELEASED PARTIES FOR DISSATISFACTION WITH THE SERVICES, OR ANY CONTENT IS TO STOP USING THE SERVICES. HOWEVER, IF ANY OF THE RELEASED PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, OR YOUR PURCHASE OR DOWNLOAD OF ANY ITEM THROUGH THE SERVICES, SUCH RELEASED PARTIES’ LIABILITY WILL NOT EXCEED U.S. $100.00 IN THE AGGREGATE. YOU AGREE TO FILE ANY CLAIM OR CAUSE OF ACTION YOU MAY BELIEVE YOU HAVE RELATING TO THE SERVICES WITHIN ONE (1) YEAR FROM WHEN SUCH CLAIM OR CAUSE OF ACTION ARISES.
EXPORTS:
You acknowledge that items made available on or through the Services may include technology or software that are subject to customs and export control laws and regulations. By purchasing, downloading or using technology or software from the Services, you agree to comply with all applicable laws and regulations, including the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you shall not transfer the software or technology to a foreign national or a foreign destination in violation of such laws, rules and regulations.
ELECTRONIC COMMUNICATIONS:
When you use the Services or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically (whether via email, texts or other electronic messaging methods). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for such communications to be valid, binding and enforceable. You represent and warrant that the email address and/or telephone number you provided to Harman is current and valid, and you agree to immediately update Harman on any change thereto, and you will be solely responsible for your email addresses' or phone numbers’ failure or inability to receive communications at any given time.
ENGLISH VERSION PREVAILS:
In the event that these terms of use are translated from English into other languages, and there is a conflict between different language versions, then the English language version shall prevail to the fullest extent permitted by applicable law.