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Terms of Use

Welcome to Hear The Nation!

These Terms of Use (“Agreement”) set forth the terms and conditions by which you may access and use the Hear The Nation website (“Service”).  Please read this Agreement carefully.  By accessing or using Hear The Nation, you agree that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service.  This Agreement applies to all visitors, users, and others who access Hear The Nation (“Users”).

USER CONDUCT

Your Account.

In order to post any Content or access certain features of the Service you must register for an account with Hear The Nation and select a username and password (“User ID”). When creating your account, you must provide accurate and complete information. You may not select or use as a User ID any name that we determine to be offensive, vulgar or obscene. Hear The Nation may remove any Content or accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.  We reserve the right to reclaim a User ID on behalf of businesses or individuals that hold legal claim or trademark on that User ID.  You are responsible for maintaining the confidentiality of your User ID password.  You must notify Hear The Nation immediately of any breach of security or unauthorized use of your account.  Hear The Nation will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of Hear The Nation or others due to such unauthorized use. You are solely responsible for your interactions with other Users.  We reserve the right, but have no obligation, to monitor disputes between you and other Users.  Hear The Nation will have no liability for your interactions with other Users, or for any User’s action or inaction.  By connecting to Hear The Nation with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

Your Responsibilities.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Hear The Nation.  You agree not to use the Services for, including, but not limited to, the following purposes: to abuse, harass, threaten, impersonate or intimidate other Hear The Nation users; to contribute any Content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive, tortious, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable, infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights, contains any private information about an identifiable person without that person’s permission, you know or have reason to know is false, misleading, or fraudulent, you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or any content soliciting any personal or private information from any individual or incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment, contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes or otherwise violates any law or right of any third party; for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Hear The Nation user; to create or submit unwanted email (“Spam”) to any other Hear The Nation users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit stories or comments linking to affiliate programs, multi-level marketing schemes, or off-topic Content; to submit content that is advertorial or paid for by a company or advertiser; register for more than one User account or register for a User account on behalf of an individual other than yourself.

With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.

USER SUBMITTED CONTENT

Your Content.

Hear The Nation allows you to post content on the Service, including comments, photos, videos, blog posts, messages, blog URLs, and other materials.  Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” You own all of the User Content that you post or publish (“post”) on the Service.

Your License to Hear The Nation

You grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users.  Nothing in this Agreement shall restrict Hear The Nation’s rights under separate licenses to User Content. 

Your Representations Regarding Your User Content

By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, including: all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, or rights of publicity or privacy (“Intellectual Property Rights”). Hear The Nation reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.  Hear The Nation takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Hear The Nation is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Hear The Nation shall not be liable for any damages you allege to incur as a result of such User Content.

Your use of the Service is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Hear The Nation.  You will not receive any compensation of any type for your use of the Service and/or User Content, and you acknowledge that your use of the Service and/or User Content is solely for your own personal benefit and desire to contribute to the Service.  You agree that you are the sole author of your User Content, and that Hear The Nation does not participate in the creation of any of your User Content aside from proposing suggested edits where applicable.

HEAR THE NATION CONTENT

Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of Hear The Nation and its licensors (“Hear The Nation Content”).  Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to Hear The Nation Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from Hear The Nation Content, including without limitation any materials or content accessible on the Service.  “Hear The Nation” and other Hear The Nation graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Hear The Nation protected by the laws of the United States and/or other countries or jurisdictions. Hear The Nation’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.  Use of the Hear The Nation Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

Our license to you.  Subject to the terms and conditions of this Agreement, Hear The Nation provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service.  Hear The Nation may terminate this license at any time for any reason or no reason.

PRIVACY

You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States.  Hear The Nation cannot guarantee that unauthorized third parties will never be able to defeat our security measures.  You acknowledge that you provide your information at your own risk.

HEAR THE NATION COPYRIGHT POLICY

Hear The Nation requires that Users of the Service respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (“DMCA”), Hear The Nation will terminate, where warranted as determined in Hear The Nation’s sole discretion, Users whom Hear The Nation believes are intentional and/or repeat infringers.

NO REPRESENTATIONS AND WARRANTIES

Hear The Nation makes no representations or warranties as to the accuracy or reliability of any User Content on the Service or with regard to any product or service provided or offered by any advertiser on the Service and you acknowledge that any reliance on such User Content shall be at your own risk. You expressly agree to hold Hear The Nation harmless for any claims of damage arising from any information, advice, product or service provided or promoted by any third party, including without limitation the Users of this Service.
UNLESS OTHERWISE STATED ON THIS SERVICE, OPINIONS EXPRESSED ON THIS SITE ARE THOSE OF THE USERS, AND NOT OF HEAR THE NATION, AND ARE NOT ENDORSED BY HEAR THE NATION.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, HEAR THE NATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE AND ITS CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THIS SERVICE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNDER NO CIRCUMSTANCES, WILL HEAR THE NATION BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF HEAR THE NATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HEAR THE NATION UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR RELATING TO THE TERMS OF THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

INDEMNIFICATION

You agree to indemnify and hold Hear The Nation harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Service using your computer or account.

CHANGES TO THE SERVICE

Hear The Nation may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.  We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.  Upon termination for any reason or no reason, you continue to be bound by this Agreement.

NO WAIVER

Any failure by Hear The Nation to exercise its rights under these Terms of Use or to enforce the terms hereof shall not constitute a waiver of those rights. If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties’ intentions as reflected in the provision, and that all of the other provisions of these Terms of Use shall remain in full force and effect.

GOVERNING LAW AND ARBITRATION

Governing Law.  This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles.  You agree that any breach of these Terms of Use constitutes irreparable harm warranting injunctive relief.

Arbitration.  For any dispute with Hear The Nation, you agree to first contact us at support@hearthenation.com and attempt to resolve the dispute with us informally.  In the unlikely event that Hear The Nation has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Hear The Nation claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.  Unless you and Hear The Nation agree otherwise, the arbitration will be conducted in New York County. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.  The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.  ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HEAR THE NATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  

ENTIRE AGREEMENT/SEVERABILITY

This Agreement, together with any amendments and any additional agreements you may enter into with Hear The Nation in connection with the Service, shall constitute the entire agreement between you and Hear The Nation concerning the Service.  If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

 

This Agreement was last updated on: June 15, 2013