HEAR NOT THERE TERMS OF USE

These Terms of Use are effective on October 1, 2017.

  1. DESCRIPTION OF HEAR NOT THERE SERVICE AND ACCEPTANCE OF TERMS OF USE

‘Hear Not There’ INC (hereinafter referred to as “Company”, “we”, “us”, “‘Hear Not There’”) provides a service for live streaming concerts (collectively, the “Content”).
These terms, conditions, and disclaimers of use (the “Terms”) apply to all users of the ‘Hear Not There’ Services (defined below) whether they are account holders or not, including users who are also contributors of video and/or audio content, information, and other materials or ‘Hear Not There’ Services on the Properties (defined below). Our service, the Content, and any other features, tools, blogs, applications, materials, or other ‘Hear Not There’ Services offered from time to time by ‘Hear Not There’ in connection with its business, however accessed, are referred to collectively as the “‘Hear Not There’ Services”. The Content is available for permissible viewing and/or listening on or through the following (collectively, the “Properties”):

  • www.HEARNOTTHERE.com website (the “Site”);
  • ‘Hear Not There’ application (the “App”);
  • Company’s affiliate and distributor websites;
  • Other websites where users or website operators are permitted to embed the Content; and
  • Other Company authorized applications, features or devices.

Please read these Terms carefully before you start to use the ‘Hear Not There’ Services. By using the ‘Hear Not There’ Services, you fully accept and agree to be bound and abide by the terms, conditions, and disclaimers in these Terms and our Privacy Policy, found at www.hearnotthere.com/terms.html and www.hearnotthere.com/privacypolicy.html incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the ‘Hear Not There’ Services.

  1. CHANGES TO THE TERMS OF USE BY HEAR NOT THERE

‘Hear Not There’ may amend these Terms at any time by posting the amended Terms in the App and on the Site. If we make a material amendment to these Terms, we will notify you by posting notice of the amendment on the Site. Any material amendment to these Terms shall be effective automatically after it is posted. Your continued use of the ‘Hear Not There’ Services and Properties after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.

  1. ACCESS AND USE OF THE HEAR NOT THERE SERVICES

Age Limitations. If you are under the age of sixteen (16), then you are not permitted to register with ‘Hear Not There’ or use any feature or other part of the ‘Hear Not There’ Services that requires registration. You represent that you are at least sixteen (16) years of age if you are registering an account.
License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, and nontransferable license to use the ‘Hear Not There’ Services on the Properties, and to download, install, and use the App for your personal, non-commercial use on a single mobile device, tablet, or computer owned or otherwise controlled by you (“Mobile Device”") including accessing and viewing the Content on a streaming-only basis, for personal, non-commercial purposes as set forth in these Terms.
App License Restrictions. You shall not: copy the App, except as expressly permitted by this license; modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App; reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; remove, delete, alter, or obscure any trademarks, copyrights, patents, or other intellectual property or proprietary rights from the App, including any copy thereof; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. We reserve and shall retain our entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. Intellectual property rights include the following: any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral right, know-how, trade secret, confidential information, rights in the nature of any of these rights in any country, rights in nature of unfair competition rights and rights to sue for passing off, and other similar intellectual or commercial rights, in each case whether or not registered or registrable, and registrations of and applications to register any of them.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Content unless expressly permitted by ‘Hear Not There’ in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by ‘Hear Not There’ in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any portion of the Content unless authorized by ‘Hear Not There’ in writing. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes, without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on, in any way, the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by ‘Hear Not There’ in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that when using the ‘Hear Not There’ Services, you will be exposed to Content from a variety of sources, and that ‘Hear Not There’ is not responsible for the accuracy, usefulness, or safety of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 ‘Hear Not There’ with respect thereto regarding all matters related to your use of the ‘Hear Not There’ Services. ‘Hear Not There’ does not endorse any Content submitted to the Services or any Properties by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ‘Hear Not There’ expressly disclaims any and all liability in connection with the Content.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Ownership. You agree that ‘Hear Not There’ owns and retains all rights to the ‘Hear Not There’ Services and Properties. You further agree that the Content you access and view as part of the ‘Hear Not There’ Services may be owned or controlled by users and/or third parties. The ‘Hear Not There’ Services, Properties, and Content are protected by copyright, trademark, and other intellectual property laws.
Refund Policy. All sales are final and no refunds will be granted other than that of virtual account currency or credit. At the sole discretion of ‘Hear Not There’ INC, refunds by virtual account currency or credit may be granted in the following situations: (i) a user cancels their purchase of a show ticket at any time before that particular show begins; or (ii) after the show has begun, it is determined by ‘Hear Not There’ INC and/or the Artist that the broadcast did not work properly. Requests for refunds should be emailed to admin@kevzo.com. There will be no refund of any kind for interruption of broadcast because of poor cellular or Internet signal.
Your Responsibilities. You and other users must use the ‘Hear Not There’ Services and Properties for lawful, non-commercial, and appropriate purposes only. You agree to observe the ‘Hear Not There’ Services, Content, and embedding restrictions detailed above, and further agree that you will not access the Site, App, or use the ‘Hear Not There’ Services in a way that:

    • violates the intellectual property rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
    • uses technology or other means to access, index, frame, or link to the ‘Hear Not There’ Services (including the Content) that is not authorized by ‘Hear Not There’ (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the ‘Hear Not There’ Services);
    • involves accessing the ‘Hear Not There’ Services (including the Content) through any automated means, including robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the ‘Hear Not There’ Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
    • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    • damages, disables, overburdens, impairs, or gains unauthorized access to the ‘Hear Not There’ Services, including ‘Hear Not There’’s servers, computer network, or user accounts;
    • removes, modifies, disables, blocks, obscures, or otherwise impairs any advertising in connection with the ‘Hear Not There’ Services (including the Content);
    • uses the ‘Hear Not There’ Services to advertise or promote ‘Hear Not There’ Services that are not expressly approved in advance in writing by ‘Hear Not There’;
    • collects personally identifiable information in violation of ‘Hear Not There’’s Privacy Policy;
    • encourages conduct that would constitute a criminal offense or give rise to civil liability;
    • violates these Terms or any guidelines or policies posted by ‘Hear Not There’;
    • interferes with any other party's use and enjoyment of the ‘Hear Not There’ Services; or
    • attempts to do any of the foregoing.

If ‘Hear Not There’ determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the ‘Hear Not There’ Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the ‘Hear Not There’ Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam and Unsolicited Communications. No one may use the ‘Hear Not There’ Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. We may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined herein) or otherwise send spam, advertising, or other unsolicited communications of any kind through the ‘Hear Not There’ Services, you acknowledge that you will have caused substantial harm to ‘Hear Not There’ and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay ‘Hear Not There’ $50 for each such unsolicited communication you send through the ‘Hear Not There’ Services.
Downloads. In order to participate in certain ‘Hear Not There’ Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension and Discontinuation. We may change, suspend, or discontinue, temporarily or permanently, some or all of the ‘Hear Not There’ Services (including the Content and the devices through which the ‘Hear Not There’ Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that ‘Hear Not There’ may do so in ‘Hear Not There’’s sole discretion. You also agree that ‘Hear Not There’ will not be liable to you for any modification, suspension, or discontinuance of the ‘Hear Not There’ Services and any unused virtual currencies will be forfeited.
Internet Access Charges. You are responsible for any costs you incur to access the internet.

  1. HEAR NOT THERE ACCOUNTS AND REGISTRATION

We offer various features that require registration or the creation of an account with ‘Hear Not There’. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password.
Unauthorized Use. If you suspect any unauthorized use of your account, please notify us immediately. Also make sure to notify us if your registration information changes, in case we need to contact you.
Deactivation and Termination. You may deactivate (later reactivate) or terminate your account by sending an email to admin@kevzo.com asking for account deletion or termination. Please identify your account and provide a valid reply email address in the event we require additional information to deactivate or terminate your account. We reserve the right to immediately terminate or restrict your account or your use of the ‘Hear Not There’ Services, Properties, or access to Content at any time, without notice or liability, if Company determines in its sole discretion that you have: breached these Terms of Use; violated any law, rule, or regulation; engaged in other inappropriate conduct; or for any other business reason. We also reserve the right to terminate your account or your use of the ‘Hear Not There’ Services or access to Content if such use places an undue burden on our networks or servers. You may terminate your use of the App by deleting the App from your mobile device. Upon termination, all rights granted to you under these Terms will also terminate, and you must cease all use of the ‘Hear Not There’ Services and Properties and delete all copies of the App from your mobile device and account. Termination will not limit any of Company’s rights or remedies at law or in equity.

  1. COLLECTION AND USE OF PERSONAL INFORMATION

For information about ‘Hear Not There’’s policies and practices regarding the collection and use of your personally identifiable information, please read ‘Hear Not There’’s Privacy Policy located at http://www.hearnotthere.om/privacypolicy.html. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Company Site and use of the ‘Hear Not There’ Services on any of the Properties are governed by the ‘Hear Not There’ Privacy Policy in effect at the time of your use.

  1. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

As part of the ‘Hear Not There’ Services, users may have an opportunity to publish, chat, transmit, submit, or otherwise post (collectively, “Post” or “Posting”) reviews, ratings, reactions to concerts, comments, provide links to, or embed videos, or other materials (collectively, “User Material”). In order to keep the ‘Hear Not There’ Services enjoyable for all of our users, you must adhere to the rules below.
User Material that you Post. Please limit yourself to User Material directly relevant to the ‘Hear Not There’ Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above herein); or (ii) improperly claims the identity of another person. Please note that in order to Post comments you will be required to login with your ‘Hear Not There’ Account and or Social Network Service account. Your posts will include your account name, which may include your first and last name. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
Obtaining Permission. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant ‘Hear Not There’ the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. ‘Hear Not There’ will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that ‘Hear Not There’ does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to ‘Hear Not There’. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant ‘Hear Not There’ a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the ‘Hear Not There’ Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to ‘Hear Not There’ is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to ‘Hear Not There’ ), fully-paid, royalty-free (meaning that ‘Hear Not There’ is not required to pay you for the use of your User Material), and sub-licensable (so that ‘Hear Not There’ is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the ‘Hear Not There’ Services). By Posting your User Material, you also hereby grant each user of the ‘Hear Not There’ Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the ‘Hear Not There’ Services and under these Terms of Use.
‘Hear Not There’ SHALL NOT BE LIABLE FOR ANY THIRD-PARTY COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT OF ANY USER MATERIAL THAT IS POSTED ON THE SITE. ALL USERS EXPRESSLY ACKNOWLEDGE THIS PARAGRAPH, AND SHOULD ANY USER DISCOVER THAT ANY MATERIALS HAVE BEEN POSTED TO THE SITE THAT VIOLATE OR INFRINGE THE COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THE USER(S) HEREBY EXPRESSLY AGREE TO HOLD HARMLESS THE COMPANY.
‘Hear Not There’ does not endorse any User Material or any opinion, recommendation, or advice expressed therein, and ‘Hear Not There’ expressly disclaims any and all liability in connection with User Material. ‘Hear Not There’ does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and ‘Hear Not There’ will remove all User Material if properly notified as set forth herein that such infringes on another’s intellectual property rights. ‘Hear Not There’ reserves the right to remove User Material.
Third Party Posts. Despite these restrictions, please be aware that some Posts and User Material may be objectionable, unlawful, inaccurate, or inappropriate. ‘Hear Not There’ does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of ‘Hear Not There’. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does ‘Hear Not There’ assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against ‘Hear Not There’ with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a “report” feature through the ‘Hear Not There’ Services is not available for a specific instance of inappropriate User Material, please email admin@kevzo.com (subject line:
“Inappropriate User Material”).

  1. LINKED DESTINATIONS AND ADVERTISING

Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that ‘Hear Not There’ operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the ‘Hear Not There’ Services, we will not warn you that you have left the ‘Hear Not There’ Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the ‘Hear Not There’ Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.
‘Hear Not There’ is not responsible for the content or practices of any website or destination other than the Site and App, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with ‘Hear Not There’. By using the ‘Hear Not There’ Services, you acknowledge and agree that ‘Hear Not There’ is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Site and App.
Advertisements. ‘Hear Not There’ takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or ‘Hear Not There’ Services provided by advertisers. Any dealings you have with advertisers found while using the ‘Hear Not There’ Services are between you and the advertiser, and you agree that ‘Hear Not There’ is not liable for any loss or claim that you may have against an advertiser.

  1. TRADEMARKS AND COPYRIGHTS

‘Hear Not There’, the ‘Hear Not There’ logo, and any other ‘Hear Not There’ marks, graphics, logos, scripts, and sounds are trademarks and contain copyrighted material, authored and/or owned by ‘Hear Not There’. None of the ‘Hear Not There’ trademarks and copyrights may be copied, downloaded, or otherwise exploited without permission.

  1. UNSOLICITED SUBMISSIONS

It is ‘Hear Not There’’s policy not to accept unsolicited submissions, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. ‘Hear Not There’’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any ‘Hear Not There’ creative work would be purely coincidental.

  1. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY

WHILE WE MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE OPTIMAL PERFORMANCE OF THE ‘Hear Not There’ SERVICES, YOU AGREE THAT USE OF THE ‘Hear Not There’ SERVICES IS AT YOUR OWN RISK. THE ‘Hear Not There’ SERVICES, INCLUDING THE SITE, APP, AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ‘Hear Not There’ DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, QUALITY, NONINFRINGEMENT, TO THE FUNCTIONALITY OF THE SERCICES, THAT DEFECTS IN THE ‘Hear Not There’ SERVICES WILL BE CORRECTED, OR THAT THE ‘Hear Not There’ SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL ‘Hear Not There’ OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ‘Hear Not There’ SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR ‘Hear Not There’ SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE ‘Hear Not There’ SERVICES AND PROPERTIES OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), LOSSES, COSTS, AND ANY OTHER LOSSES IN RELATION TO ANY CLAIMS OR ACTIONS BROUGHT AGAINST ‘Hear Not There’ ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE ‘Hear Not There’ SERVICES AND PROPERTIES (INCLUDING YOUR USE OF THE CONTENT), YOUR VIOLATION OF ANY THIRD PARTY RIGHT, OR ANY CLAIM THAT YOUR USE MATERIALLY CAUSES DAMAGE TO A THIRD PARTY. ‘Hear Not There’ RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

  1. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through the ‘Hear Not There’ ‘Hear Not There’ Services, including through a link, infringes your copyright, under the Digital Millennium Copyright Act (“DMCA”) or otherwise, you should notify ‘Hear Not There’ of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that ‘Hear Not There’ receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to ‘Hear Not There’’s copyright agent at admin@kevzo.com (subject line: “Attn: Copyright Agent, DMCA Takedown Request”). You may also contact us by mail at: ‘Hear Not There’ INC., DMCA Complaints, Attn: Copyright Agent, 1500 Elm Run Ct., Nashville, Tennessee 37214. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ‘Hear Not There’ customer service through admin@kevzo.com.
To be effective, the notification must be in writing and contain the following information pursuant to DMCA (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the ‘Hear Not There’ Services that is reasonably sufficient to enable ‘Hear Not There’ to identify and locate the material;
  • how ‘Hear Not There’ can contact you, such as your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Emails sent to ‘Hear Not There’’s copyright agent at admin@kevzo.com for purposes other than communication about copyright infringement may not be answered. ‘Hear Not There’ has a policy of terminating repeat infringers in appropriate circumstances.

Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to Post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent (“Counter-Notice”):

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Nashville, Tennessee, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a Counter-Notice is received by the Copyright Agent, ‘Hear Not There’ may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the Counter-Notice, at ‘Hear Not There’’s sole discretion.

  1. ARBITRATION OF CLAIMS

At ‘Hear Not There’, we expect that we will be able to resolve most issues you may have using the ‘Hear Not There’ Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and ‘Hear Not There’ agree to the following resolution process.
To begin with, you agree that that any claim that you might have against us regarding these Terms, the ‘Hear Not There’ Services, or the Properties must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules. It’s important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one (1) year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, ‘Hear Not There’ is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis. Because we prefer to resolve our issues with you directly, you agree to arbitrate with ‘Hear Not There’ only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. Similarly, in any action in which the arbitration provision is deemed to be invalid, unenforceable, or illegal or is otherwise unenforced, you agree to bring any legal action only in your individual capacity, and not as a representative or member of a class. Your claims may not be joined with any other claims. Arbitration hearings will be held in Davidson County, Tennessee.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least thirty (30) days. To do that, please send your full name and contact information, your concern, and your proposed solution by mail to us at: ‘Hear Not There’ INC., Attn: Legal Department, 1500 Elm Run Ct., Nashville, Tennessee 37214. We thank you in advance for understanding why it is important that you and ‘Hear Not There’ agree on the process described in this Section.

  1. GENERAL INFORMATION

International Use. ‘Hear Not There’ is based in the United States. ‘Hear Not There’’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where ‘Hear Not There’ does not have rights or does not offer ‘Hear Not There’ Services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the ‘Hear Not There’ Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Applicable Law and Forum. These Terms and all matters arising from it are governed by and construed in accordance with the laws of the State of Tennessee whose courts shall have exclusive jurisdiction over all disputes arising out of and in connection with these Terms and the place of performance of these Terms is agreed by you to be Tennessee without giving effect to principles of conflicts of law. In the event of a claim by you against ‘Hear Not There’, you agree to submit to the exclusive jurisdiction of the courts located in the Davidson County of the State of Tennessee. In the event of a claim by ‘Hear Not There’ against you, you agree to submit to the jurisdiction of the courts located where ‘Hear Not There’ pursues its claim against you, which may include courts in the Davidson County of the State of Tennessee.
No Waiver and Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at admin@kevzo.com (subject line: “Terms of Use Violation”). Precisely how ‘Hear Not There’ responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon ‘Hear Not There’’s precise response with respect to one party or one situation as any indication of what ‘Hear Not There’ might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, ‘Hear Not There’’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if ‘Hear Not There’ acts in a way that appears to you to be inconsistent with these Terms, ‘Hear Not There’’s action shall not be deemed a waiver or constructive amendment of these Terms.
Headings. Headings are included in these Terms for convenience only and shall not affect the construction or interpretation of the Terms.
Severability. In the event that any provision of the Terms is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable, or indications of the same are received by either you or ‘Hear Not There’ from any relevant competent authority, ‘Hear Not There’ shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at the sole discretion of ‘Hear Not There’, such provision may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
Entire Agreement. Please note that these Terms, including ‘Hear Not There’’s Privacy Policy which is incorporated in these Terms and any other documents which are incorporated or expressly referred to herein, constitute the entire legal agreement between you and ‘Hear Not There’ and govern your use of the ‘Hear Not There’ Services (including your use of the Content) and completely replaces any prior agreements, arrangements, undertakings, or proposals, written or oral, between you and ‘Hear Not There’ in relation to the ‘Hear Not There’ Services. No oral or written explanation or information given by any party shall alter the interpretation of these Terms. Except as set forth in Section II above, these Terms may not be amended or varied except in a writing signed by ‘Hear Not There’. These Terms operate to the fullest extent permissible by law. In agreeing to these Terms, you have not relied on any representation other than those expressly stated in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these Terms.

  1. CONTACT HEAR NOT THERE

If you have any questions or concerns regarding this Privacy Policy, you may email us a admin@kevzo.com. You may also contact us by mail at: ‘Hear Not There’ INC., Attn: Legal Department, 1500 Elm Run Ct., Nashville, Tennessee 37214.
IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE ‘Hear Not There’ SERVICES. YOUR USE WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS FROM THAT POINT FORWARD.
‘Hear Not There’ reserves the right to add, delete, or modify these Terms at any time without notice.