Last Updated: 10/25/2012
Who We Are:
This Service and/or website is operated by Aha Radio, a business unit of Harman International Industries, Incorporated (referred to as "Harman", "we", "our" or "us"), with address at:
Harman International Industries, Incorporated636 Ellis Street
Mountain View, CA 94043
Welcome to Aha Radio:
Harman may, from time to time, offer fee-based products or services, as part or through of the Services. If you accept or use any such fee-based products or services (whether owned or maintained by Harman or a third party), you agree to any additional terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. Your data or wireless provider may charge for your access to the Services, including fees for receipt of text messages or data transmission. In order to use the Services, your data or wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your data or wireless provider to determine what fees, if any, will be charged. In addition, you agree that we may arrange for billing our charges through your data or wireless provider and that your data or wireless provider may invoice you for the applicable fees, deduct them from your pre-paid balance or otherwise charge your data or wireless account.
Grant of License:
In order to access or use certain Services, you will be required to create a username and password for your use. Select a non-obvious password and preserve your account login credentials with care; do not allow anyone to use your login credentials to access the Services. Do not create more than one account or username for yourself, or create an account or username on behalf of another. You agree to immediately notify Harman in the event of any unauthorized use of your login credentials. Harman will not be responsible for any loss or liability resulting from the unauthorized use of your login credentials with or without your knowledge. You are fully and solely responsible for all activities that occur by use of your login credentials. When you provide or post information through the Services, you agree to provide true, accurate and current information and to promptly update such information to keep it true, accurate and current. If you provide any information that is (or Harman reasonably believes to be) untrue or inaccurate, Harman may edit, remove or refuse such information and suspend or terminate your access to your account or the Services. Without incurring any responsibility or liability therefor, Harman reserves the right to take any action it deems necessary to ensure the security of the Services and your account, including without limitation, terminating your account, terminating your use of or access to the Services, changing your password or requesting additional authentication information from you. The security of your personal information is important to Harman. Harman agrees to take reasonable steps to ensure the safety of your personal information. Harman does not represent or guarantee your personal information is free from security threats or other vulnerabilities. Harman reserves the right to terminate your account or your use or access to the Services if Harman, in its discretion, deems your account to be inactive for an extended period of time, and Harman shall have no liability whatsoever to you or any party in relation to such termination.
Harman does not pre-screen content that you or other users post on or through the Services (e.g., Shouts), and the Services merely serve as a forum for users (however, Harman reserves the right to, from time to time and at its discretion, monitor and delete user comments and posts without incurring any liability therefor.) Harman will not be responsible for any malicious or inappropriate content posted by any party. Harman does not guarantee that any information is true, accurate or current or otherwise not false, misleading, inaccurate, fraudulent, deceptive or illegal. By posting any content or information on or through the Services: (a) you grant Harman a royalty-free, non-exclusive, non-revocable, transferrable, worldwide and perpetual right to use any part of your posted information and content in any manner or media now existing or hereafter developed, including the right to publicly display, publicly perform, transmit, stream, broadcast, adapt, modify, edit, decompile, create derivative works, sublicense, assign, commercialize and otherwise exploit without any compensation due to you, which right shall survive any termination of your license to use the Services or ability to post content hereto; and (b) you represent and warrant that: (i) you either are the owner of all content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Harman the rights in such content; and (ii) neither the content nor Harman's use of your content (or any portion thereof) on, through or by means of the Services, will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You shall have no right or title to your username, which shall be Harman's property. Your use of the Services constitutes your consent to allow Harman to store content created by you, including your personal information on Harman's host computers. You are solely responsible for your interaction with other users of the Services, whether online or offline, and Harman is not responsible for any loss or damage relating to such interaction. You also agree to observe and follow the following posting rules:
Without prejudice to Harman's other termination rights, Harman may delete any of your content, terminate your use of the Services and/or ability to post content, in whole or in part, for any violation of any of the foregoing terms and conditions.
- You will not impersonate anyone else.
- You will not post any content that includes information that is false, misleading, inaccurate, fraudulent, deceptive or that promotes illegal activity.
- You will not post your personal information or solicit any personal information from other users of the Application.
- You will not post any advertisements or endorsements of a product or service other than Harman products or services;
- You will not post any content or information in violation of any laws or regulations.
- You will not insult, threaten, bully or flame any other users of the Services, or provide any content that promotes discrimination, bigotry, racism, hatred, harassment or harm.
- You will not post content that is that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
- You will post only constructive information.
- You will not post information that you do not own or control all rights to. You are fully and solely responsible for all content that you post.
User Content Complaints:
You agree that by using the Services, you may encounter content that you may deem explicit, offensive, indecent, defamatory or objectionable. You agree to use the Services at your sole risk, and that Harman shall have no liability to you for content that you may deem explicit, offensive, indecent, defamatory or objectionable.
Notice of Infringement Claims:
If you believe that your work has been improperly copied and posted on or through the Services, please provide Harman with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the Services and a statement by you made under penalty of perjury (in such form and substance as we may require) that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.
Notices for Complaints:
Attention: Legal Department
Harman International Industries, Incorporated
400 Atlantic Street, 15th Floor
Stamford, CT 06901, USA
Compromising the security of the Services is prohibited and may result in criminal and civil liability. Harman may investigate security-compromising activities and will contact and cooperate with law enforcement if a crime has possibly occurred. By way of illustration, Harman deems the following activity as attempts to compromise the security of the Services: unauthorized access to information on Harman's server computer or systems such as probes, scans, or vulnerability tests of the Services, bypass or circumvention of the Services authentication measures, interfering with service to any end user, interfering with or tampering with the Services host computer or network facilitating any connection with or to the Services, sending unsolicited emails, such as promotions or advertisements for products or services to Harman or any of the users of the Services, attempts to overload Harman's host computer or network, altering or cloning packet headers, e-mail headers or message headers. You agree not to use any device, software or other means to interfere or attempt to interfere with the proper working of the Services or any activity being conducted in relation thereto.
Harman's Usage and Storage of Information:
Harman may establish standard practices and limits regarding the use of the Services, including the type of user-posted content permitted on the Services, maximum number of days user-created content is displayed, accessible or retained by Harman or the maximum number of postings an account may submit. Harman will have no liability for the preservation or deletion of any content or personal information maintained by the Services or otherwise provided by you to Harman through use of the Services. Harman reserves the right to modify its usage and storage of content and information from time to time.
Third Party Services, Devices or Applications:
The Services may be linked to other content, devices, services or electronic device applications owned or operated by third parties, or otherwise allow you to access your user account through third party social networking or similar services, electronic devices or electronic device applications (or vice versa). Harman has no control over these third party content, services, devices or applications and shall have no liability for such services or applications. Any references to any third party content, names, marks, products or services, or access or hyperlinks to third party sites or material are provided to you solely for convenience, and do not imply any affiliation, sponsorship or endorsement by Harman. Harman has no responsibility whatsoever for any content, practices, policies or acts of or by such third parties, nor does Harman make any warranties or representations whatsoever regarding such third party content, practices, policies or acts.
Accuracy of Information:
Harman strives to post accurate product or service descriptions. Nevertheless, Harman does not represent or warrant that product or service descriptions or other content on the Services are accurate, complete, reliable, current, or error-free, and that pricing, product or service description, clerical, typographical or similar errors may occur.
THE SERVICES AND THE INFORMATION AND CONTENT PROVIDED THEREIN ARE PROVIDED ON AN "AS IS", "WITHOUT FAULT" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED, AND TO THE FULLEST EXTENT ALLOWED, BY LAW, HARMAN DISCLAIMS ALL WARRANTIES OF EVERY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARMAN DOES NOT REPRESENT NOR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT ANY PART OF THE SERVICES, OR THE SERVER (OR APP STORE) THAT MAKES ANY PART OF THE SERVICES AVAILABLE ARE FREE OF DEFECT OR FREE FROM ANY VIRUSES OR SECURITY COMPROMISING MECHANISMS. HARMAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION, CODE OR CONTENT PROVIDED BY THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, TRUTHFULNESS, USEFULNESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HARMAN OR ITS PARENT COMPANY OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, DIRECTORS, AFFILIATES OR SUPPLIERS ("RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR COMPUTER MALFUNCTION) THAT RELATE TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PERFORMANCE OR THE CONDUCT OF OTHER USERS OF THE SERVICES, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST ANY OF THE RELEASED PARTIES FOR DISSATISFACTION WITH THE SERVICES, OR ANY CONTENT IS TO STOP USING THE SERVICES. HOWEVER, IF ANY OF THE RELEASED PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, OR YOUR PURCHASE OR DOWNLOAD OF ANY ITEM THROUGH THE SERVICES, SUCH RELEASED PARTIES' LIABILITY WILL NOT EXCEED U.S. $100.00 IN THE AGGREGATE. YOU AGREE TO FILE ANY CLAIM OR CAUSE OF ACTION YOU MAY BELIEVE YOU HAVE RELATING TO THE SERVICES WITHIN ONE (1) YEAR FROM WHEN SUCH CLAIM OR CAUSE OF ACTION ARISES.
You acknowledge that items made available on or through the Services may include technology or software that are subject to customs and export control laws and regulations. By purchasing, downloading or using technology or software from the Services, you agree to comply with all applicable laws and regulations, including the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you shall not transfer the software or technology to a foreign national or a foreign destination in violation of such laws, rules and regulations.
When you use the Services or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically (whether via email, texts or other electronic messaging methods). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for such communications to be valid, binding and enforceable. You represent and warrant that the email address and/or telephone number you provided to Harman is current and valid, and you agree to immediately update Harman on any change thereto, and you will be solely responsible for your email address' or phone numbers' failure or inability to receive communications at any given time.
ENGLISH VERSION PREVAILS: