LISTEN Media Terms of Use
Effective June 1, 2007
- Introduction
- Cost
- Registration
- Subscription
- Copyrights
- Submissions
- Online conduct
- Privacy
- Disclaimer
- Indemnification
- Jurisdiction
- Arbitration
- Termination
- Severability
- Offices
1. Introduction
Welcome to LISTEN Media, Inc., an interfaith outreach organization whose mission is to foster mutual respect and understanding between diverse faiths by serving as an information, education and networking resource to spiritual seekers. Our service provides our Registrants and subscribers with articles, audio files, videos and other media of a spiritual nature. It is our belief that all traditions of spirituality hold a seed of truth; therefore, we make every attempt to be tolerant, respectful and accepting of all traditions of spirituality.
By registering as a Registrant or becoming a Subscriber, and/or by accessing and using LISTENMedia.org, you agree to these Terms of Use.
From time to time, we may make changes to these Terms of Use. E-mail notice sent to your e-mail address on file in our office will provide a date upon which the changes will be effective. Continuing to use the service after the effective date means that you agree to be bound by the changes.
2. Cost
There is no cost for using the basic services of LISTENMedia.org. Premium content will be available via subscription or surcharge, and those items will be clearly marked. Because this is, in part, an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible. LISTEN Media's publication, If ... Journal, is available either as a digital subscription without full website access or in electronic archives which are available to our paying Subscribers with full website access.
3. Registration
Access to the majority of free content, services and features on LISTENMedia.org requires users to register with LISTENMedia.org. Registration requires you to provide certain personal information, such as your name, e-mail address, street address and phone number. Please see our Privacy Policy for more information on how we treat that data. If you become a Registrant of LISTENMedia.org, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access LISTENMedia.org using your username or account in whole or in part. LISTENMedia.org reserves the right to terminate use and deny access to the site to any person who violates this Terms of Use.
4. Subscription
Access to all of the paid content, services and features on LISTENMedia.org requires users to pay a subscription fee and become Subscribers of LISTENMedia.org. Subscribing requires you to provide certain personal information, such as your name, e-mail address, street address and phone number. Please see our Privacy Policy for more information on how we treat that data. If you become a Subscriber of LISTENMedia.org, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access LISTENMedia.org using your username or account in whole or in part. LISTENMedia.org is, in part, a Subscriber-supported service and, as such, reserves the right to terminate Subscription without refund and deny access to the site to any person who violates this Terms of Use.
5. Copyrights
Material published on LISTENMedia.org, including articles, photos, graphics, music, audio and video clips, and other content, is copyrighted by LISTEN Media, Inc., or by other contributors who have offered their content for use on LISTENMedia.org. Additionally, LISTENMedia.org as a whole is copyrighted as a collective work; the owner of the collective work is LISTEN Media, Inc. You may not reproduce, republish or redistribute material from LISTENMedia.org or If ... Journal in any way without the written consent of the copyright owner. LISTEN Media, Inc. cannot grant permission to reuse or republish material from our contributors. Please contact them directly, where links are available; where no links are available for the contributor, please contact us.
You agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, or otherwise violate the proprietary rights of LISTENMedia.org or other contributors to LISTENMedia.org. You will cooperate completely and in a timely fashion with any reasonable request by LISTEN Media, Inc. related to an investigation of infringement of copyright or other proprietary right.
6. Submissions
By submitting any article, audio or video content to LISTENMedia.org, you automatically grant LISTEN Media, Inc., LISTENMedia.org and If ... Journal a nonexclusive, royalty-free, worldwide, perpetual license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way LISTENMedia.org uses such content.
Without limitation, LISTENMedia.org reserves the right to suspend or terminate your access to and use of the site without refund if, in our view:
a. you provide any information that is false, misleading or inaccurate;
b. you misrepresent your identity or impersonate another person;
c. you represent yourself as sponsored by, endorsed by or affiliated with LISTEN Media, Inc.; or
d. you attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by LISTEN Media, Inc. or LISTENMedia.org in connection with the LISTENMedia.org website.
It is the policy of LISTEN Media to respect your privacy. We will never distribute your name and contact information to anyone else without your expressed, written permission, unless required to do so by law in cases of legal disclosure.
9. Disclaimer
LISTENMedia.org strives for accuracy of data and a virus/worm-free site. However, we do not warrant or guarantee any of the following:
a. accuracy or completeness of information or media on our site.
b. error- or defect-free downloadable files;
c. uninterrupted or error-free service.
Neither LISTEN Media, Inc. nor any of its contributors shall be liable in any way for delays, inaccuracies, errors or omissions in the information posted on LISTENMedia.org.
Opinions, advice and all other information expressed in articles, audio or video files on LISTENMedia.org represent the contributor's own views and do not necessarily reflect those of LISTENMedia.org. LISTENMedia.org does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized LISTENMedia.org spokespersons who are speaking on behalf of LISTEN Media, Inc.
Any actions that users take based on information available on LISTENMedia.org should first be reviewed by a competent professional.
THE LISTENMedia.org SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
10. Indemnification
You agree to indemnify, defend and hold LISTENMedia.org harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney's fees) based on or arising from any breach by you of your obligations under these Terms of Use. We reserve the right to defend any such claim and be indemnified by you, and you agree to provide us with such reasonable cooperation and information as we may request.
11. Jurisdiction
This agreement between LISTENMedia.org and its Registrants and Subscribers will be governed and interpreted under the laws of the state of Virginia. Registrants and Subscribers agree that any suit brought against LISTEN Media, Inc. or LISTENMedia.org shall be filed in the city of Virginia Beach, VA. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
12. Arbitration
Any legal controversy or legal claim arising out of or relating to these Terms of Use or LISTENMedia.org, excluding legal action taken by LISTEN Media, Inc. to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Virginia Beach, Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. (See Item #12, Jurisdiction.)
13. Termination
Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate without refund any or all of the LISTENMedia.org service and/or your use of the LISTENMedia.org service, or to block or prevent future access to and use of LISTENMedia.org.
14. Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
15. Offices
LISTENMedia.org offices can be reached by e-mail or phone at (757) 539-4523 or by U.S. Mail at PO Box 61007, Virginia Beach, VA 23466-1007.
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