Date of Last Revision: September 1, 2009Terms & Conditions

Welcome to HearLife.

In using the HearLife Services and accessing the HearLife Site (“Site”) located at http://www.HearLife.com, and all of the linked pages owned and operated by HearLife, you are entering into a legal agreement and expressly agree to be bound by the following rules and Terms of Service (“Terms”) and to follow these Terms and all applicable laws and regulations governing the Site. HearLife reserves the rights to change these Terms at any time, effective immediately upon posting on the Site. The use of the Site constitutes your acceptance to the Terms. If you do not agree with or are unwilling to comply with the Terms, do not access or use the HearLife Site.

Soulbytes/Downloads

By purchasing any Soulbytes (individually, multiple units, or series) or downloading any file from this site including all ‘Free’ Soulbytes and final purchased units, you agree to all terms and conditions set by HearLife Inc. Any selling, renting, re-creation, modification for resale or sharing, loaning, leasing, assigning, sharing or transferring of these recordings to or by any person, persons or company is strictly prohibited and will be considered a violation of copyright laws. All Soulbytes (music and scripture paraphrases) by HearLife Inc. is copyright protected under U.S. copyright laws. All HearLife Inc. products are governed by our copyright terms.

For more on our product (Soulbyte) copyright information, go to the Copyright page.

Services Provided by HearLife

As HearLife innovates and updates it may change its services without prior notice to you. As part of these changes HearLife may stop (permanently or temporarily) providing these Services at any time without prior notice to you. If HearLife disables your account, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in your account.

Information Provided by You

In order to access certain Services or Products, you may be required to provide information about yourself (such as identification, credit card information or contact details). You agree that any such information you give HearLife is accurate, correct and updated. Failure to do so constitutes a breach to these Terms, and may result in a termination of you account and access to the Site. HearLife reserves the right to take such action by its own discretion.

Account Security

You are responsible for maintaining the security and confidentiality of your account password. You are also solely responsible for all activities that occur under your User ID and password. You agree to immediately notify HearLife of any unauthorized use of your User ID or password.

Privacy

For information about the HearLife Privacy Policy please visit http://www.HearLife.com/privacy.html . The use of your data must be in accordance with HearLife privacy policies.

Services by Members and Permitted Use of Site

You agree that you are only authorized to visit, view, create reviews and download pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Site for any commercial use, of for any reason other than described in these Terms. HearLife does not control any information, photographs, graphics, messages, text and other materials (“Content”) available on the HearLife Site posted by third parties. HearLife does not guarantee the integrity, quality, or accuracy of Content on the HearLife Site. UNDER NO CIRCUMSTANCES WILL HEARLIFE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE HEARLIFE SITE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY AND ACCURACY OF SUCH CONTENT.

Restrictions on Content Posted

In posting Content on the HearLife Site, you agree to grant HearLife an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted Content. This license is non-exclusive, except you agree that HearLife shall have the exclusive rights to practice this license to the extent of combining your posted Content with the posted Content of other HearLife users for purposes of constructing or populating a searchable database of business reviews.

The following is a list of the type of Content that is prohibited on the Site; unacceptable content is not limited to this list. HearLife reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violated this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators, however HearLife is not obligated to do so. The following list is deemed unacceptable.

Unacceptable Content

References to illegal activity, malpractice, false advertising, purposeful overcharging, or health code violations (i.e. food poisoning, foreign objects in food, etc.).
Harassment or perceived harassment of another person.
Unsolicited mass mailings or “spam”.
Content determined by HearLife to be illegal, or to violate any local, state or federal law or regulation or the rights of any person or entity.
Harmful, offensive and abusive language, including but not limited to: hate speech, expletives, harassment, obscenities, vulgarities and sexually explicit language.
Reviews commenting on other users or including personal information or messages including email addresses, URLs, postal addresses and phone numbers.
Content that is advertising or commercial in nature, or that is inappropriate based on the subject matter.
Any content that is encrypted or that contains viruses or any other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, date or personal information.
Any content that violates intellectual property rights of any person.

You agree that you will only provide Content that you believe to be true and you will not purposefully provide false or misleading information.

Restrictions of Rights to Use

You agree that you will not:

remove any trademark, copyright or other proprietary rights notices contained in or on the HearLife Site or in or on any Content or other material obtained via the HearLife Site;
modify, adapt, translate, or reverse engineer any portion of the HearLife Site;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the HearLife Site;
take any action that creates an unreasonably large load on our IT infrastructure;
use the HearLife Site to violate the security of any computer network, crack passwords or security encryption codes; transfer or store illegal material including that are deemed threatening or obscene;
create user accounts by automated means or under false or fraudulent pretenses;
collect information about other users for any purpose other than to solicit and share reviews with them;
access, retrieve or index any portion of the HearLife Site for purposes of constructing or populating a site similar to HearLife.com.

Proprietary Rights

You acknowledge and agree that HearLife owns all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether or not those services happen to be registered).

Third Parties

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the HearLife Site, such activity is solely between you and the applicable third party. HearLife shall have no liability, obligation, or responsibility for any such activity. You hereby release HearLife from all claims arising from such activity.

EXCLUSION OF WARRANTIES

HEARLIFE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”.

IN PARTICULAR, HEARLIFE DOES NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

FURTHER, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HEARLIFE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEARLIFE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT HEARLIFE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

HEARLIFE WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND HEARLIFE’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION.

WITHOUT LIMITING THE FOREGOING, HEARLIFE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF INFORMATION OR DATA AND/OR ANY OTHER INTANGIBLE LOSS.

HEARLIFE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;
ANY CHANGES WHICH HEARLIFE MAKES TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES ON THE SITE);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OF THROUGH YOUR USE OF THE SITE;
YOUR FAILURE TO PROVIDE HEARLIFE WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

Indemnity

You agree to indemnify and hold HearLife, its affiliates, officers and employees, harmless including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:

your access to the HearLife Site,
your use of the HearLife Site,
the violation of these Terms by you, or
the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Some of the Site may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Site, queries made through the Site or other information.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Joshua Jensen

Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 8287, Kirkland, Wa 98034

Telephone Number of Designated Agent: 206.905.1422

E-Mail Address of Designated Agent: dmca@HearLife.com

HearLife may give notice of a claim of copyright infringement by means of a general notice on the site, electronic mail to your email address, or by written communication sent by first-class mail to your address in our records.

Applicable Law and Venue. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

Changes to the Terms

HearLife reserves the right to make changes to the Terms at its discretion. When these changes are made, HearLife will create a new copy of the Terms available at http://www.HearLife.com/TOS.html. You acknowledge and agree that if you use the Site after the date on which the Terms have changed, HearLife will treat your use as acceptance of the updated Terms.

Contact and Violations

Please contact us with any questions regarding these Terms. Please report any violations of the Terms to legal@HearLife.com.

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