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TERMS OF SERVICE

Thank you for using Hark!

Hark's products and services are provided by Hark Audio, Inc. (“Hark”, “we”, “our” and “us”). These Terms of Service (“Terms”) govern your access to and use of Hark's website, products, and services, including, without limitation, Hark’s mobile application (collectively, "Products").

Please read these Terms carefully. By accessing or using our Products, you agree that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. (located here). If you do not agree, you may not access or use the Products. We may make changes to the Terms at any time in our sole discretion by prominently posting a revised version of the Terms within the Products or by sending you an email. You are advised to regularly review the most recent and up-to-date version of the Terms on our website. Your continued use of the Products after changes have been made will constitute your acceptance of the changes.

1. Using Hark

a. Who can use Hark

In order to use the Products you may be required to register for an account with us (“Account”) and provide us with accurate and complete information about yourself, as necessary. You represent and warrant that all required information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information.  You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements. By using the Products, you also represent and warrant that you are over the age of 13. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically update those Products, and these Terms will apply to such updates.

b. Our license to you

Subject to you complying with these Terms and our policies (including our Acceptable Use Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. The Products are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Products.

If you have accessed or downloaded the Products from any “app” store or distribution platform, such as the Apple App Store or Google Play (each, an “App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only and we are solely responsible for the Products; (ii) the App Provider has no obligation to furnish any maintenance and support services for the Products; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Products or your possession and use of the Products; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Products, and that, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Products against you as a third party beneficiary thereof; and (v) you will comply with all applicable third party terms of service when using the Products, including any applicable App Provider terms of service.

c. Commercial use of Hark

If you want to use our Products for commercial purposes you must contact us at hello@harkaudio.com to create a business account. For example, you shall not embed Hark’s Products on any site in a way that directly or indirectly monetizes such Products, including via sponsorship or advertising that would not otherwise exist on such site if no Hark Product was present.

2. Your Content

a. Posting content

Hark allows you to post content directly on the Products, including, without limitation, all audio and audio intros, images, photographs, audiovisual material, written text, comments, account information, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to Hark.

b. How Hark and other users can use your content

You grant Hark and its users a non-exclusive, royalty-free, transferable, sub- licensable, worldwide license in perpetuity to use, store, display, reproduce, re- post, modify, edit, create derivative works, perform, and distribute your User Content on Hark solely for the purposes of operating, developing, providing, and using the Hark Products. Nothing in these Terms shall restrict other legal rights Hark may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

By posting or otherwise making User Content available on the Products, you represent and warrant to us that: (i) you own or otherwise are fully vested of the necessary copyrights and other rights in order to make the grant of rights, licenses and permissions herein, and (ii) any User Content that you submit through the Products is owned solely by you and does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity or privacy rights.

c. How long we keep your content

Following termination or deactivation of your Account, or if you remove any User Content from Hark, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Hark and its users may retain and continue to use, store, display, reproduce, re- post, modify, create derivative works, perform, and distribute any of your User Content that other users have collected, commented upon or shared through Hark. In other words, copies of content posted on Hark (including, without limitation, your User Content), including written text and your profile image and identification as the author of any post, may remain even after you delete them from your account or terminate your account.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Hark more amazing. If you choose to submit comments, ideas or feedback (collectively, “Feedback”), you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Hark does not waive any rights to use similar or related Feedback previously known to Hark, or developed by its employees, or obtained from sources other than you

e. Acceptable Use Policy

Hark has adopted an “Acceptable Use Policy”, located here, which is made a part of these Terms by this reference. As a condition of posting User Content on the Products, and using the Products generally, you are required to comply with the Acceptable Use Policy.

3. Intellectual Property

a. Content

By using the Products pursuant to these Terms you will have access to certain content either owned or controlled by Hark or its third party licensors (collectively, “Hark Content”) or content made available through the Products by unrelated third parties over which Hark does not exercise control (collectively, “Third Party Content”). You agree that the Hark Content, User Content and Third Party Content are protected by any and all Intellectual Property Rights of Hark and the applicable third parties. Use, reproduction, modification, distribution, display, public performance, transmission, communication to the public or any other use or exploitation of the Hark Content, User Content, Third Party Content is expressly prohibited without prior authorization from Hark, or from the applicable third party controlling such User Content or Third Party Content, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Hark Content, User Content or Third Party Content for commercial use, in any way that violates any third party right or in any way not expressly provided in these Terms.

We cannot guarantee that all Hark Content, User Content or Third Party Content you access on the Products will be available to you perpetually. For example, we may be required to remove certain content if we receive a notification of claimed infringement from a copyright owner or its agent. This means that you may lose access to certain content previously available to you through the Products.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

b. Ownership and Marks

As between you and Hark, Hark retains all right, title and interest in and to the Products, and all related Intellectual Property Rights. All rights in and to the Products not expressly granted herein are reserved. The name “Hark” and all of Hark’s logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Hark. Hark’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hark. The images and icons available in the Hark embed features may used by partners and third parties without modification.

4. Copyright Policy

We respect the Intellectual Property Rights of others. If you believe that any content on our Products infringes upon your copyright or the copyright of someone you represent, please send an e-mail or other written notice to our Designated Copyright Agent using the contact information provided below (each, a “Notice”). All Notices should meet the requirements of the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512(c)(3) and include the following information:

(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed;

(c) a description of where the material that you claim is infringing is located on the Services;

(d) your address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated Copyright Agent for notice of claims of copyright infringement is:Copyright Agent Hark Audio Inc.Email:

In accordance with the DMCA and other applicable law, Hark has adopted a policy of terminating, in appropriate circumstances and in Hark’s sole discretion, users who are deemed to be repeat infringers. For the avoidance of doubt, the foregoing sentence in no way limits Hark’s right to limit access to the Products and/or terminate the Accounts of any users for any reason, in Hark’s sole discretion, including, without limitation, in the case of users who infringe, or allegedly infringe, any Intellectual Property Rights of others, whether or not there is any repeat infringement.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notice. Thus, if you are not sure that material located on or linked to by the Products infringes your copyright, you should consider first contacting an attorney.

5. Security

We care about the security of our users. While we work to protect the security of your User Content and Account, Hark cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromised or unauthorized use of your Account.

6. Third-Party Links, Sites, and Services

Our Products may contain links to Third Party Content, websites, advertisers, services, special offers, information, events or other materials or activities that are not owned or controlled by Hark and are made available by third parties (collectively, “Third Party Services”). We do not endorse or assume any responsibility for any such Third Party Services. If you access any Third Party Services from Hark, you do so at your own risk, you understand that your use of such Third Party Services will be subject to any terms and conditions required by the applicable third parties and you agree that Hark will have no liability arising from your use of or access to any Third Party Services. Where the Products include any links to Third Party Services, this does not imply any endorsement by us of the goods, services or materials available on such Third Party Services.

7. Termination

Hark may terminate or suspend these Terms, your Account and/or your access to the Products at any time, with or without cause or notice to you. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You may delete your Account at any time, for any reason, by following the instructions on the Products. Upon termination, you continue to be bound by these Terms and, in particular, Sections 2 and 6-12 of these Terms.

8. Indemnity

You agree to indemnify and hold harmless Hark and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

9. Disclaimers

The Products and all included content (including, without limitation, the Hark Content) are provided on an "as is" basis without warranty of any kind, whether express or implied.

HARK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW.

Hark takes no responsibility and assumes no liability for any User Content or Third Party Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content or Third Party Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL HARK’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

11. Governing Law and Jurisdiction

Unless otherwise expressly stated, these Terms shall be governed by the laws of the State of New York applicable therein, without respect to its conflict of laws principles.

12. General Terms

a. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hark without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

b. Entire Agreement/Severability: These Terms, together with the Privacy Policy. and Acceptable Use Policy and any amendments and any additional agreements you may enter into with Hark in connection with the Products, shall constitute the entire agreement between you and Hark concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

c. No Waiver: The section titles in these Terms are for convenience only and have no legal or contractual effect.

d. Headings: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hark's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.Contact

If you have any questions or comments regarding these Terms or the Products, please contact us at hello@harkaudio.com.