In addition, when you use any current or future service available on or through www.hearme.app or HearMe in 30 or you visit or purchase from any practitioner of www.hearme.app you also will be subject to the guidelines and conditions applicable to such service or business.
These Conditions apply to both visitors and practitioners of HearMe, as applicable.
For purposes of identification, billing and marketing, you agree to provide HearMe with current, accurate, complete, and updated information, including your legal name, address and telephone number(s). You agree to notify HearMe immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term.
No one under the age of eighteen (18) may register, be advertised on, or use the HearMe site and by using the site, registering, or agreeing to be advertised, you are verifying that you comply with this requirement.
HearMe may terminate your account, edit, or delete your profile (including practitioner accounts and profiles) for any or no reason, in Cuddlist’s sole discretion. Such decisions are final and may occur with or without warning.
USE OF THE SITE
For purposes of identification and research, you agree to provide HearMe with current, accurate, complete, and updated information, including your legal name, address and telephone number(s). Any use of this site (including requesting a session) verifies your intent to comply with this term.
No one under the age of eighteen (18) may register, be advertised on, or use the HearMe site and by using the site (including requesting a session), you are verifying that you are eighteen (18) years or older.
DELIVERY OF NOTIFICATION
You may receive e-mail notifications from HearMe at the e-mail address provided in your registration. Your acceptance of these Terms and Conditions constitutes the acceptance of web delivery of all info in lieu of any other submission from HearMe and failure to receive any other form of this data is not defensible grounds for non-payment of monies due from you to HearMe or any HearMe practitioner.
LICENSE AND SITE ACCESS
HearMegrants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HearMe. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of HearMe so long as the link does not portray HearMe, its practitioners or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any of Cuddlist’s logos or other proprietary graphics or trademarks as part of the link without express written permission.
All content included on this site, such as text, graphics, logos, button icons, images, illustrations, page headers, audio clips, video clips, digital downloads, data compilations and software is the property of HearMe or its practitioners/content suppliers and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of HearMe and is protected by U.S. and international copyright laws.
HearMe respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, HearMe will respond expeditiously to claims of copyright infringement committed using the HearMe website if such claims are reported to Cuddlist’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Cuddlist’s website by completing the following DMCA Notice of Alleged Infringement and delivering it to Cuddlist’s Designated Copyright Agent. Upon receipt of Notice as described below, HearMe will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the HearMe website or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Cuddlist’s Designated Copyright Agent: HearMe in 30 28 Valley Road, Suite #1 Montclair NJ 07042
One who has posted material that allegedly infringes a copyright may send HearMe a counter-notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When HearMe receives a counter-notice, we may in our discretion reinstate the material in question unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to HearMe’s Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the complaining party.
- Identification of the material that has been removed or to which access has been disabled on HearMe’s website and the location at which the material appeared before it was removed or access to it was disabled:
- Include the following statements in the body of the Counter-Notice:
- Ihereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which HearMe may be found, and I will accept service of process from the complaining party who notified HearMe of the alleged infringement or an agent of such person
- Your name, address, telephone number and email address:
- Your physical or electronic signature (full legal name)
- Deliver this Counter Notice, with all items completed, to HearMe’s Designated Copyright Agent listed above.
HearMe and other marks indicated on this Web Site from time to time are trademarks of HearMe in the U.S. or other jurisdictions. The absence of a mark from being listed here should not be viewed as a waiver by HearMe of any of its rights concerning that mark. Other HearMe product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of HearMe and may not be used in connection with any product or service that is not Cuddlist’s in any manner, but especially that which is likely to cause confusion in the marketplace or in any matter that disparages or discredits HearMe. All other trademarks not owned by HearMe that appear on this site are the property of their respective owners who may or may not be affiliated with or connected to HearMe. You are not permitted to use any mark displayed on this site for any purpose without the prior written consent of the owner.
If you believe that your trademark (the “Mark”) appears on the HearMe website in a way that constitutes trademark infringement, please provide HearMe’s Designated Copyright Agent (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit HearMe to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
- Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;
- Information reasonably sufficient to permit HearMe to identify the use being challenged;
- A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
- A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner.
Upon receipt of notice as described above, HearMe will seek to confirm the existence of the Mark on the HearMe website, notify the user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Site.
A registered user may respond to notice of takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b) or (c) then HearMe may exercise its discretion not to remove the Mark. If HearMe decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, HearMe will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.
USER’S AGREEMENT TO HOLD HEARME HARMLESS FROM CLAIMS
HearMe has no obligation to adjudicate intellectual property claims.
Claimants and users must understand that HearMe is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold HearMe harmless from any resulting claims of infringement brought against HearMe.
HearMe provides a venue for practitioners to advertise and sell their services. HearMe and its subsidiaries are not responsible for examining or evaluating and does not endorse or warrant the offerings of any of these businesses, practitioners or individuals or the content of any Web Sites that may be affiliated with such practitioners. HearMe does not assume any responsibility or liability for the actions, product, and content of all these, including practitioners and any other third parties. Your dealings with them are strictly between you and them and you should carefully review their privacy statements and other conditions of use.
ADDITIONAL TERMS APPLICABLE ONLY TO PRACTITIONERS (“HearMe”)
By registering as a practitioner on HearMe’s Web Site, you certify to HearMe that you are fully compliant with all federal, state and local laws, and that any information, text, copy, photos or videos you upload to HearMe are also compliant with all applicable laws.
In the event a third party contacts HearMe claiming that content submitted to the site violates their copyright, trademark or other intellectual property rights, HearMe shall remove such content immediately.
You acknowledge that HearMe may review text, copy, photos and videos that you upload to the Web Site and will immediately remove any questionable content.
You agree to abide by any HearMe rules or codes of conduct governing practitioners, whether included on the HearMe website or conveyed to you in a HearMe orientation session. Any reported violation of such rules may result in immediate removal from the HearMe site. You have the right to refuse service to any client engaged through the HearMe website.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The information, and services on this Web Site are provided on an “as is,” and “as available” basis. HearMe makes no representations or warranties of any kind, express or implied, as to the operation of this Web Site or the information, content, materials or products included on this Web Site or your use of this Web Site. You expressly agree that your use of this Web Site is at your sole risk. To the full extent permitted by applicable law, HearMe disclaims all warranties, express or implied, with respect to this Web Site including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose and use.
Neither HearMe, nor any of its directors, officers or employees will be liable or have any responsibility of any kind for any loss or damage that you incur resulting from the act or omission of any other party involved in making this Web Site, the data contained herein or the services offered on this Web Site available to you, by advertisers or from any other cause relating to your access to, inability to access, or use of the Web Site or the services offered herein, whether or not the circumstances giving rise to such cause may have been within the control of HearMe. In no event will HearMe or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind, even if HearMe or any other such party has been advised of the possibility thereof.
Certain states 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 and you might have additional rights. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of HearMe under such circumstances for liabilities which otherwise would have been limited shall not exceed $10.
To the extent you utilize HearMe’s Web Site, you acknowledge that there is no guarantee that communications or transactions conducted online will be secure. HearMe’s Web Site is provided “as is” and “as available” without warranty of any kind, whether express or implied, including without limitation, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose and use.
Because HearMe does not own, produce or hold records related to the photos practitioners may upload to HearMe, HearMe is exempt from United States Code, Title 18, Section 2257.
SITE POLICIES, MODIFICATIONS AND SEVERABILITY
Please review our other policies, such as those relating to Privacy that are posted on this site. These policies also govern your visit to this Web Site. We may make changes to our site, policies and these Terms and Conditions at any time, so you should review the policies and these Terms and Conditions each time you visit the site. If any of these Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You also may be subject to additional terms and conditions that may apply when you use affiliate services. The failure of HearMe to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 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 must be filed within six (6) months after such claim arose or be forever barred.
THESE TERMS AND CONDITIONS OF USE MAY CHANGE
HearMe reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Web Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the www.hearme.app Web Site.
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