By accessing the website at https://www.RatherListen.app or other RatherListen properties, you, the user (the "Member"), are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
In no event shall RatherListen or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on RatherListen's website, even if RatherListen or a RatherListen authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on RatherListen's website could include technical, typographical, or photographic errors. RatherListen does not warrant that any of the materials on its website are accurate, complete, or current. RatherListen may make changes to the materials contained on its website at any time without notice. However RatherListen does not make any commitment to update the materials.
RatherListen has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RatherListen of the site. Use of any such linked website is at the user's own risk.
RatherListen, or its owner, Corked Code LLC, does not claim ownership of the Member Content that Member provides to the Application, or other RatherListen properties, and Corked Code acknowledges and agrees that, subject to the terms and conditions of this Agreement, Member will retain any and all applicable copyright and other intellectual property rights in any Member Content. Notwithstanding the foregoing, Member hereby grants Corked Code a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, royalty-free, license to copy, host, use, reproduce, modify, prepare derivative works of, improve, distribute, transmit, remove, retain, add to, and combine with information provided by third parties, on and through the the Application and other RatherListen properties for the purpose of creating, operating and maintaining the service. Member also hereby grants Corked Code the perpetual and irrevocable right to delete any or all of the Member Content from our servers and the Application, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to Member or any other person. Member agrees that even though Member retains certain copyright or other intellectual property rights in the Member Content, Member does not own the Service Account used to access the Service, nor does Member own any data stored on Corked Code servers (including without limitation any data representing or embodying any or all of the Member Content). No compensation will be paid or due Member with respect to Corked Code's or its sublicensee's use of the materials as licensed in accordance with the foregoing terms. By submitting, posting, uploading, transmitting or otherwise making available any Member Content or by posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Application or other RatherListen properties, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant Corked Code the license set forth above, and, pursuant to the terms set forth in Section 1, Member will defend, indemnify and hold harmless Corked Code and the other Indemnified Parties from any third party claim related to a breach of any of the foregoing representations and warranties.
IN NO EVENT SHALL CORKED CODE OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CORKED CODE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM CORKED CODE OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL CORKED CODE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.
Any comments, suggestions, proposals, or other feedback (collectively "Feedback Information") provided to Corked Code in connection with the operation or content of the Application or related properties shall be provided by the submitter and received by Corked Code on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Corked Code. By submitting any such information to Corked Code, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Corked Code shall be free to use such information on an unrestricted basis.
RatherListen may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.