This contract is a binding, legal document between Listen First Labs LLC ("we", "us", "our"), the developer and owner of the Session Tracker application (the "Application"), and you governing the use of our Application and services.
You are only allowed to use our Services if you agree to the Agreement. If you do not agree to the Agreement, you must not access our Application or use our Services.
You represent that you are over the age of 18. We do not permit those under 18 to use the Services.
We reserve the right to contact you in connection with our or your compliance with, and the performance of, the Agreement or any activities related to our Services. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Application or our website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By accessing our applications and using our Services, you acknowledge and agree that we may keep a record of activities or content in connection with the Services. We may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce this Agreement; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or To protect the rights, property, or personal safety of us, the Services' users, or the public.
This Agreement applies to all Services and extends to all of our users. Our Services may contain links to third party websites, applications, and services that are not owned or controlled by us, and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third-party websites, applications, or services. By using the Application and Services, you specifically release us from any and all liability arising from your use of any third-party websites, third-party applications, third party services, or interaction with any third party.
Application users may post, upload, and/or contribute ("post") content to the Services (which may include, for example (subject to the limitation noted below), text, messages, information, and/or other types of content, but excluding in all instances content you do not have the right to post) ("User Content").
You promise that, with respect to any User Content you post on the Application, (1) you have the right to post such User Content and to grant us the rights to such User Content as set forth in the Agreement, (2) such User Content, or its use by us as contemplated by the Agreement, does not violate the Agreement, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by us or any other artist, band, label, entity or individual without express written consent from such individual or entity, (3) no royalties or other fees will be payable by us to any third party for the reproduction, distribution, public display, public performance, creation of derivative works, or other use or exploitation of such User Content, and (4) all User Content you submit to the Services is correct and accurate.
We may, but have no obligation to, monitor, review, or edit User Content. Because there is a risk to hosting user uploaded content, including User Content, we reserve the right, in all cases, to remove or disable access to any User Content for any or no reason, including, but not limited to, User Content that, in our sole discretion, violates the Agreement or the rights of any third party, poses a reputational risk to us or any other person, or would cause us to be in breach of any agreement to which we are a party. We may take these actions without prior notification to you or any third party and without any liability to you for such removal. However, we do not obligate ourselves to remove any User Content except as required by law.
You are solely responsible for all User Content that you post, so please be careful about what you post. Do not defame people on the Services. As you would expect, we are not responsible for User Content nor do we endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF SUCH CLAIM AND/OR YOUR BREACH OF THE REPRESENTATIONS SET FORTH IN THE AGREEMENT.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content solely as it appears on the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, to present and make available your User Content to users of the Application and the Services.
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be used. By accessing, registering for or using the Services, you agree to be bound by the following rules. You, as a user of our Services and in the process of using our services, are hereby banned from:
Please respect us, the Application, yourself, and other users of the Services. Do not engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Terms of Service.
Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you may simply discontinue using the Services.
We may modify, add, change, suspend, remove, or stop the Services, or any features or functionality, from time to time, in our sole discretion. We may choose to do so at any time without any notice to you. We may also change features or impose additional limitations as we deem appropriate.
Subscriptions refer to the services or access to the Services offered on a subscription basis by us to you. The Services or some parts of the Services are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. Our current Subscription plans can be found on our website: https://mysessiontracker.com.
At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal by contacting us email@example.com. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Services until the end of your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We may, at our sole discretion and at any time, modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription. We may, at our sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
To the fullest extent permitted by law, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Services, including the conduct of your permitted agents; and (4) your violation of any law or the rights of a third party.
By registering for and using our Services:
The Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, Listen First Labs LLC, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, we do not, nor do any of our providers, make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
This Agreement shall be governed by the laws of the State of New Jersey. Both parties agree disputes shall be resolved in Hudson County, New Jersey.
The Agreement constitutes the entire agreement between you and us relating to the subject matter herein and therein and supersede all previous and contemporaneous communications, representations, understandings and agreements, either oral or written, between you and us with respect to your use of the Services. We reserve the right to modify this Agreement as described in Section 5 above.
If any provision of the Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Agreement or use of our Services.
The heading references in the Agreement are for convenience purposes only, do not constitute a part of the Agreement, and shall not be deemed to limit or affect any of the provisions hereof or thereof.
We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act ("DMCA"). Our authorized agent for takedown notices is "Copyright Manager" at firstname.lastname@example.org.
For a clear notice of copyright infringement, the copyright owner must give our authorized agent a written takedown notice which includes: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner of the right allegedly infringed; (2) identification of the copyrighted works allegedly infringing; (3) identification of the parts of the copyrighted work that are infringing and thus should be removed; (4) sufficient information to contact copyright owner or complaining party; (5) a statement by the complainant in the good faith belief that the material is infringing; and (6) a statement that the information in the notice is accurate. After a clear notice of copyright infringement is received, we or our authorized agent will notify the party against whom the takedown is sought. That party will have the right to issue a counter notice.