Terms Of Service

General

By using this site operated by Firstlisten.org ('FirstListen' or the 'site'), you agree to be bound by the terms and conditions set forth in this User Agreement. FirstListen reserves the right to modify this User Agreement at any time, and such modifications shall be effective immediately upon being posted to the site. Continued use of the site constitutes acceptance of any modifications to the User Agreement. The purpose of FirstListen is solely to gather feedback on music we provide to you. We provide music files and information solely for promotional purposes and not for resale or redistribution in any manner. FirstListen will make available to its members a variety of music files for limited periods of time via download, streaming or other electronic media, depending on the rights it has obtained from the owners of the music. You may not attempt to circumvent any limitations of the media provided (e.g., copying audio streams) and you should not copy or transfer copies of music files that FirstListen provides without our explicit permission.

Registration and Privacy

Users must be at least 13 years of age. Anyone between and including the ages of 13 through 17 must have permission from a parent or guardian to register. The parent or guardian will be required to agree to the User Agreement and will be liable for any breach of this agreement by the minor. Upon reaching the age of 18, continued use of the service by a user will constitute acceptance of this User Agreement. In order to register, you will be asked to provide certain information, and you must provide complete, accurate information. You grant FirstListen permission to disclose registration information to third parties as necessary to administer the services and to comply with any laws, defend and protect FirstListen, enforce the User Agreement, and protect the interests of its users and others. In order to provide better services to its users, FirstListen will collect and use demographic information as it deems appropriate. FirstListen reserves the right to sell its users personal information in the case of a substantial sale of its assets to a third party. Please see our privacy policy for more complete information on how FirstListen uses this information.

Rules of Conduct

You agree to adhere to these Rules of Conduct and understand that a violation of these rules may lead to the termination of your membership with FirstListen:

- Use the site only in a respectful and legal manner.
- Do not use this site to violate any local, state, federal, or international laws and regulations.
- Do not post or otherwise transmit any comments that are libelous, harmful, obscene, or otherwise objectionable.
- Do not disseminate or use any information on the site for profit or not, including but not limited to spamming, surveys, chain letters/e-mails, or any other unsolicited materials.
- Do not transmit or upload to the site any viruses or any other harmful program(s).
- Do not transmit, duplicate or transfer any electronic files, songs, sound recordings, compact discs, or other materials received from FirstListen without express permission.
- Do not violate any law or regulation at the local, state, federal or international level.
- Do not attempt to access any personal information or registration information.
- Do not interfere with other user(s) use or enjoyment of FirstListen.

Termination of Services

FirstListen reserves the right to terminate your service at any time it deems appropriate, including if you fail to complete your surveys on time. You may terminate service at any time by emailing FirstListen at remove@firstlisten.org with a simple request to 'cancel my membership.'


Hyperlinks to Third Party Sites

FirstListen may have links to third party web sites. The opinions, ideas or information on such third party sites are not necessarily those of FirstListen. FirstListen is not responsible for: maintaining third parties sites; the accuracy or content of third party sites; the delivery of products or services offered by third party sites; or any negligence, breach of contract or other loss or violation of local, state, federal or international law or regulation stemming from use of or interaction with the third party site.

Proprietary Rights

All files, communications, logos, and other site content (excluding user postings) are the property of FirstListen. No part of this site may be copied or otherwise transferred without express consent from appropriate FirstListen personnel. By posting User Information, you authorize FirstListen to disseminate that information to record companies, media and other individuals or entities, as FirstListen deems appropriate.

Limited Liability

FirstListen takes great caution to insure the integrity of the site and maintain user information confidentiality. In the event of a breach of the site, FirstListen is not responsible for any actions by the individuals or entities illegally accessing user information. FirstListen shall not be liable in any manner relating to the illegal distribution of music, files, or other materials by its users. Any music files or other information are provided to you on an 'as is' and 'as available' basis. FirstListen is not responsible for any postings made by users or for monitoring and/or editing user postings and such postings do not necessarily reflect the views of FirstListen. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your password, including any violation of the Rules of Conduct set forth below. FirstListen is not responsible for any harm resulting from items sent through the mail to its users. This includes, but is not limited to, CD jewel cases, pins, or any other objects that may be sent and/or damaged in transit and any consequential damages thereof. Some music provided by FirstListen may contain explicit lyrics. In this case, the music and/or files will be labeled as such so you can make an informed decision whether or not to listen. FirstListen does not accept responsibility for material/lyrics construed as offensive.

Indemnification

You agree to indemnify FirstListen, its employees, agents, representatives and third party service providers from any action resulting from your misuse or illegal action. You agree to pay all attorney fees relating to the misuse or illegal action by the user. FirstListen reserves the right to retain the counsel and defend any claims as it deems appropriate. Nothing in this agreement will act to limit the remedies available by FirstListen in the event of misuse by the User.

Miscellaneous

This agreement supercedes all other agreements and understandings between you and FirstListen. If any provision of this agreement is found to be illegal, all other portions of the agreement shall remain enforceable. This agreement and any legal action arising from the agreement shall be enforced within New York County in the State of New York and shall be adjudicated under New York law.

If you have any questions regarding this policy, please feel free to contact us at legal @ firstlisten.org