SET FORTH BELOW ARE THE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) governing the web service located at, or linked to or through,
the URL http://www.hos.com which may expand or change from time to time. As used in these Terms and Conditions, the terms “HOS,” “we,” and “us” refer
to Hearts of Space Inc., the sole owner and operator of the web service; the terms “you” and “your” refer to an individual user of the website.
Your access to and useof the services and digital transmissions, including but not limited to streaming audio or video content (“Webcasts”) and downloads, (inclusively hereafter “Account Services”) available through the HOS website ("Site") are subject to the following Terms and Conditions and all applicable laws. If you do not or cannot agree to or with any part of the following Terms and Conditions, you may not use the Site or any of the Account Services
provided on the Site.
HOS maintains the Site for your personal entertainment, and all use of the Site and Account Services is for private use only. If you are under 18, you may use the Site and Account Services only with the authorization and involvement of a parent or guardian.
2. YOUR ACCOUNT.
You create an account by registering or purchasing a specific service package or service plan from our list of offerings and giving us a User ID, password, e-mail address, and your credit card information. You can update, change, manage, or cancel your account at any time by clicking the MY ACCOUNT link in the main menu bar.
3. SERVICE PLANS.
We offer three types of service plans:
A. One-time billing for a term of 3 days, 1 month, 3 months, 6 months, or one year.
B. Pre-paid access to a pre-set quantity or set of
specific Account Services.
C. Recurring billing for a self-renewing subscription (“Subscription”) to access a pre-set quantity or set of specific Account Services. Additional specific rules for each type of account are explained under the SERVICE DETAILS link in the main menu bar and under ACCESS PLANS page. These specific rules are incorporated into these Terms and Conditions as if fully set out herein. We may modify, cancel, or add new Account Services at any time, with or without prior notice.
Payment for Account Services provided to you at and/or through this Site will be made
by automatic credit card (or other authorized facility such as a check debit or
debit card), and you hereby authorize HOS and/or its authorized agent and/or
service provider(s) to transact such payments on your behalf. Unless you have
good and valid reason to believe the credit card (or other approved facility)
you use to purchase Account Services is lost or stolen, you agree not to report
that credit card (or other approved facility) as lost or stolen, nor will you
dispute any authorized charge for Account Services.
5. REQUIRED NOTICE TO US.
You must promptly inform us of any of the following: changes in the number
or expiration date of any credit card used in connection with this Site;
changes in home or billing address; any apparent breach of security, such as
loss, theft, or unauthorized disclosure or use of a credit card, user ID or
password. Until HOS is notified by web site form in the MY ACCOUNT section of the Site,
or by e-mail to email@example.com, of a breach in
security, you will remain liable for any unauthorized use of this Site.
HOS will provide you, upon request, with access to usage or billing records that
support charges for said use of this Site.
6. NO ASSIGNMENT OR TRANSFER OF YOUR ACCOUNT.
If you have an account with unlimited access (i.e., your account is not limited to a certain number
of minutes of listening per month and it is not a one-time purchase of a set number of minutes),
you may not assign or transfer your account to, or share it with, any other person or entity.
You may not enable or permit any other person or entity access to your account, either directly
or indirectly. This includes but is not limited to giving your user name, ID, and/or password to
any other party/ies or making your username and/or password available where others may access them.
You must keep your password strictly confidential. Allowing anyone else to gain access
to this site is unauthorized and constitutes a breach of these Terms and Conditions and a violation of law.
7. RECURRING BILLING AND CANCELLING YOUR SUBSCRIPTION.
If you purchase a recurring Subscription, you authorize HOS and/or its service providers to charge your
credit card (or other approved facility) for periodic Subscription fees according to the then-current
billing terms for the Site. You are responsible for paying periodic Subscription fees according to the
then-current billing terms. Subscription fees are earned by HOS upon receipt and are non-refundable whether
or not termination is at your request.
For your convenience and satisfaction, all recurring Subscriptions will renew and
be charged to your credit card (or other authorized facility) automatically upon expiration unless you cancel
your Subscription AT LEAST THREE (3) DAYS prior to expiration.
If you purchase a subscription, you agree to cancel it yourself, online, through the Manage Subscriptions link on the MY ACCOUNT page. You further agree not to challenge your obligation to pay subscription fees charged to your account prior to the date you cancel your Subscription online. .
Subscription rates are subject to decrease at any
time and without notice; we will give you reasonable notice of any price
increase and obtain your approval before charging your credit card. You are
liable for any Subscription charges incurred by you up to and until termination
of your Subscription.
If you have a question about a transaction on your credit
card statement, please contact Customer
Service. If you wish to cancel your subscription please click the Manage Subscriptions link on the MY ACCOUNT page.
You agree that HOS, in its sole discretion, may terminate your password, account,
or use of the Site, for any reason, including, without limitation, if HOS
believes that you have violated or acted inconsistently with the letter or
spirit of these Terms and Conditions. You agree that any termination of your
access to the Site under any provision of these Terms and Conditions may occur
without prior notice, and you acknowledge and agree that HOS may immediately
deactivate or delete your account and all related information or prevent any
further access to the Site. Further, you agree that HOS will not be liable to
you or to any third-party for any termination of your access to the Site.
You will not be entitled to any refund or credit for canceling your order, account, or Subscription;
for failure to view an event, listen to a stream or Webcast, or capture a download; for failure
to safeguard your password or access to your account; for claiming that any other person or entity
used or used up your Account Services; or for your inability to receive an event, stream, or Webcast
as a result of your computer, your network connection, any intervening network connections, or otherwise.
10. CONTENT RIGHTS AND OWNERSHIP.
All information, data, text, software, music, sound, photographs, graphics, video, images,
illustrations, messages or other materials ("Content") presented to you on the Site or
contained in sponsor advertisements is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws.
HOS grants you a personal, non-transferable and non-exclusive license to view,
listen to, stream, and as applicable download, the Content for non-commercial, personal use only,
provided that you also retain all copyright and other proprietary notices contained on the materials,
all subject to these Terms and Conditions. Other than for your personal and private listening and use,
you agree not to distribute, modify, transmit, retransmit, use, reuse, or re-post any Content
available on the Site for any purpose without express written permission of HOS and/or the lawful
owner of the copyright of said Content. Images of people or places displayed on the Site are either
the property of, or used with permission by, HOS. The use of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or
specific permission provided elsewhere on the Site or by the lawful copyright owner of said images.
Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
11. REPRESENTATIONS AND WARRANTIES.
THE SITE AND ALL ACCOUNT SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" BASIS, AND NO WARRANTIES,
EXPRESS OR IMPLIED, ARE MADE BY HOS REGARDING SITE, CONTENT, AND ACCOUNT SERVICES, OR YOUR USE, LISTENING,
OR VIEWING OF THE ACCOUNT SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE AVAILABILITY,
ACCURACY, AUDIO OR VIDEO QUALITY OR CONTINUITY OF THE ACCOUNT SERVICES, AND WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not apply
to you. Check your local laws for any restrictions or limitations regarding the
exclusion of implied warranties. HOS also assumes no responsibility, and will
not be liable for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or browsing
in the Site or your streaming or downloading of any Content from the Site.
While HOS uses reasonable efforts to include accurate and up to date
information on the Site, HOS makes no warranties or representations as to its
accuracy. In addition, although HOS may from time to time monitor or review
postings, transmissions, and the like on the Site, HOS is under no obligation
to do so and assumes no responsibility or liability arising from the Content on
the Site nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any
information on the Site. The Site may contain projections or other
forward-looking statements regarding future enhancements, offerings, business
events, or activities. HOS cautions you that any such statements reflect only
predictions and that actual developments, results, and events might differ
materially. Nothing contained on the Site constitutes a solicitation by HOS for
the purchase or sale of such developments.
12. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL HOS, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AFFILIATES, OR CONTRACTORS BE LIABLE TO YOU WITH RESPECT TO THE SITE,
CONTENT, AND ACCOUNT SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY,
TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF
HOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
AGGREGATE, CUMULATIVE LIABILITY OF HOS, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR CONTRACTORS, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY
PAID BY YOU TO HOS FOR THE ACCOUNT SERVICES FROM WHICH THE CLAIM AROSE.
You agree to indemnify, defend, and hold HOS, and its officers, directors,
employees, agents, affiliates, and contractors, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your violation of these Terms and Conditions, or your violation
of any rights of another.
the terms of which are incorporated herein, and agree that the terms of such
policy are reasonable. You consent to the use of your personal information by
HOS and/or its third party providers and distributors in accordance with the
15. ADVERTISERS AND OTHER THIRD PARTIES.
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that HOS will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
The Site may contain links to other World Wide Web sites or resources. Because HOS
has no control over such sites and resources, you acknowledge and agree that HOS is
not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, privacy
policies, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that HOS will not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
17. MODIFICATION OF SITE.
HOS reserves the right to, from time to time, modify or discontinue,
temporarily or permanently, the Site (or any part thereof) with or without
notice. You agree that HOS will not be liable to you or to any third party for
any modification, suspension or discontinuance of the Site.
18. AMENDMENT OF TERMS AND CONDITIONS.
HOS may amend these Terms and Conditions at any time, in its
sole discretion, by posting the amended terms on the Site. Except as stated
below, all amended terms will automatically be effective fifteen (15) days
after they are initially posted on the Site. HOS is not required to provide you
with notification that any such modification has been or will be made. It is
your responsibility to review these Terms and Conditions from time to time to
be aware of any such modifications. Each time you log on to the Site you will
be deemed to have accepted any such modifications. These Terms and Conditions
may not be otherwise amended except in a writing signed by you and HOS. If you
do not or cannot agree to the amended terms, your only option is to cease all
use and access of the Site.
Notices to you may be made via either email or regular mail. The Site may also provide
notices of changes to these Terms and Conditions or other matters by displaying
notices or links to notices on the Site.
20. GENERAL INFORMATION.
These Terms and Conditions constitute the entire agreement between
you and HOS and govern your use of the Site, superceding any prior agreements
between you and HOS with respect to the Site. You also may be subject to
additional Terms and Conditions that may apply when you use affiliate services,
third-party content or third-party software. The failure of HOS to exercise or
enforce any right or provision of these Terms and Conditions will not
constitute a waiver of such right or provision. If any provision of these Terms
and Conditions is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
these Terms and Conditions remain in full force and effect. In these Terms and
Conditions, the singular form shall include the plural, and vice versa.
Paragraph headings are for convenience of reference only and shall not be used
in the interpretation or enforcement of these Terms and Conditions.
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN YOU AND HOS
WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF
LAW PROVISIONS. YOU AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF
THE COURTS LOCATED WITHIN THE COUNTY OF MARIN, CALIFORNIA. YOU AGREE THAT
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELATED TO USE OF THE SITE OR THESE TERMS AND CONDITIONS MUST
BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE
YOU HEREBY AFFIRM THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE
TO ALL THEIR TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF
YOUR CREDIT CARD FOR PURCHASE OF ACCOUNT SERVICES AND PAYMENT OF CHARGES FOR THEM.
IN THE SIGNUP DIALOG BOX TO INDICATES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND
CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS,
YOUR APPLICATION FOR SERVICE CANNOT BE ACCEPTED.