This End User License Agreement (“Agreement”) is between you and Be Heard, LLC. (“Be Heard”) and governs use of the VOICE The App application ( the “VOICE app”) made available through the Apple App Store. By installing the VOICE app, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the VOICE app.
1. Parties. This Agreement is between you and Be Heard only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Be Heard, not Apple, is solely responsible for the VOICE app and its content.
3. Limited License. Be Heard grants you a limited, non-exclusive, non-transferable, revocable license to use the VOICE app for your personal, non-commercial purposes. You may only use the VOICE app on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the App Store Terms of Service.
4. Objectionable Content Policy. Be Heard maintains a zero tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Any user can flag content they deem objectionable for review. Content will be moderated by Be Heard to ensure the timely removal of any and all objectionable content. User accounts which have been confirmed responsible for posting objectionable content will be restricted from access to the VOICE app.
5. Warranty. The VOICE app is provided for free on an “as is” basis. As such, Be Heard disclaims all warranties about the VOICE app to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Be Heard, not Apple, shall be solely responsible for such warranty.
6. Maintenance and Support. Because the VOICE app is free, Be Heard is not obligated to provide any maintenance or support for it. To the extent that any maintenance or support is required by applicable law, Be Heard, not Apple, shall be obligated to furnish any such maintenance or support.
7. Product Claims. Be Heard, not Apple, is responsible for addressing any claims by you relating to the VOICE app or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the VOICE app fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
8. Third Party Intellectual Property Claims. Be Heard shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the VOICE app. To the extent Be Heard is required to provide indemnification by applicable law, Be Heard, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the VOICE app or your use of it infringes any third party intellectual property right.
9. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
10. Contact Information. Should you have any questions, complaints, or claims relating to the VOICE app, please contact us at firstname.lastname@example.org. Be Heard LLC can be reached by phone at (803)-319-2386 or by mail at 2215 Rennaissance Drive, Suite B, Las Vegas, Nevada 89119.