Terms of Service

General Terms

General: These Terms of Service ("Terms") are a legal agreement between Listenful, LLC., its Affiliates ("LSTN" or "we") and you ("you"). Affiliates shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. By using or accessing any LSTN application, you agree to be bound by these Terms. LSTN's Privacy Policy is incorporated herein by reference. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. LSTN reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.

Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.

If you violate the Terms, LSTN reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that LSTN need not provide you notice before terminating or suspending your account(s), but it may do so.

LSTN reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.

You agree that LSTN may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.

You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

Intellectual Property/Ownership

All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the U.S. copyright laws and/or similar laws of other jurisdictions.

You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without LSTN's express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from LSTN. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.

LSTN and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by LSTN. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by LSTN, or any derivative works thereof.

LSTN grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.

User Content

You agree that you are willingly publishing the content on the Service using technology and tools provided by LSTN. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of LSTN. You grant LSTN the right to act as an agent on your behalf as operator of the application.

Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by LSTN. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and LSTN is not responsible for any files users upload, post, or otherwise make available. LSTN may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the LSTN application. You agree that LSTN will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.

LSTN reserves the right to remove and permanently delete any User Content from the Service with or without notice.

Rules of Conduct/Usage

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

  • post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable,
  • defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable,
  • upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers,
  • violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity),
  • attempt to obtain passwords or other private information from other members,
  • improperly use support channels or complaint buttons to make false reports to LSTN,
  • develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements, or
  • violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.

Sending Emails/Text Messages

Adding email addresses and phone numbers into LSTN allows you to send interviews and surveys to those contacts. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD TO YOUR LSTN CONTACTS HAS CONSENTED TO RECEIVE TEXT MESSAGES AND/OR EMAILS FROM YOU AND TO RECEIVE TEXT MESSAGES AND/OR EMAILS FROM YOU THROUGH LSTN. FURTHER, YOU ACKNOWLEDGE THAT WHEN YOU AGREE TO ADD CONTACTS/USERS/CUSTOMERS OF YOURS TO THE SERVICE AND HIT A "SEND EMAIL (OR TEXT MESSAGE)" BUTTON, LSTN MAY SEND EMAILS AND/OR SMS/TEXT MESSAGES TO SUCH CONTACTS/USERS/CUSTOMERS ON YOUR BEHALF. NOTE THAT LSTN MAY PARTNER WITH THIRD PARTIES TO DELIVER SUCH MESSAGES.

Text Messaging Fees

We do not charge a fee to use LSTN, however you should be aware that when you use LSTN to send or receive text messages, you may be charged for the transmission and/or receipt of such messages by your telecommunications service provider in accordance with standard text messaging rates. Additionally, text messages sent and/or received count towards any message quota established by your provider. Please be aware that texting charges can fluctuate internationally. We suggest that you contact your telecommunications service provider for any questions concerning international texting charges.

Disclaimer of Warranty; Limitation of Liability

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, LSTN, its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the Service and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. LSTN makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; LSTN assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

In no event will LSTN, its Affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not LSTN has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that LSTN shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold LSTN, and each of its Affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.

Governing Law

By visiting or using the Service, you agree that the laws of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and LSTN. Any claim or dispute between you and LSTN that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in California. LSTN reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of LSTN following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LSTN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.