LISTEN works with Android, iPhone and Windows phones using T-Mobile in the United States.
Use of LISTEN may require sending text messages, for which normal text message rates may apply.
For support please email USSupport@LISTEN.com, or visit http://www.LISTEN.com.
PLEASE READ BEFORE USING SOFTWARE. This Terms and Conditions Agreement ("Agreement") is a legal agreement between you and RealNetworks, Inc. and its suppliers and licensors (collectively "RN" "we" "us" "our") governing your use of the LISTEN services and software (collectively "LISTEN").
By clicking "Get It Now", you acknowledge that you have read, understand, and agree to be bound by this Agreement, and any subsequent modifications to the Agreement, for as long as you use LISTEN. If you do not accept this Agreement in its entirety, you should not click "Get It Now" and you may not use LISTEN.
Features. LISTEN is a subscription service with free and paid levels which lets you use a free app to set the sounds people hear when they call you. Learn more about what LISTEN does through the FAQ.
Ownership and Permission. RN and its licensors own all intellectual property rights to LISTEN and grant you the non-exclusive, limited license to use LISTEN for personal, non-commercial purposes on your mobile device. The music and sounds available through LISTEN may not be used for promotional purposes without the express written consent of all appropriate rights holders. All rights not expressly granted to you by this Agreement are reserved.
License to Use the App. Use of LISTEN on Android and iPhone requires downloading a free app via the appropriate app store. RN hereby grants to You a non-exclusive license to download and use the LISTEN app ("Software") subject to the terms and conditions of this Agreement, including but not limited to the following terms:
a) You may not:
Any such forbidden use shall immediately terminate your license to the Software.
When paying for LISTEN through an app store or your mobile carrier, the Terms and Conditions for that app store or mobile carrier govern those transactions including, but not limited to, payments that fail to process or requests for refund.
Account Information & Password. Using LISTEN requires a phone number and an active account with T-Mobile in the U.S. You are responsible for all charges related to these required items.
Payment Terms. LISTEN has both free and paid subscription plans. We reserve the right, at any time, to change the fees for the service or any premium content, or to discontinue service, with notice to you.
You may purchase credits from us that may be redeemed for individual ringback tones in LISTEN. Such credits may, at our sole discretion, be subject to an expiration dates if not used within the proscribed time.
LISTEN may, depending on your settings and the policies of your mobile carrier, use your airtime minutes, or incur text message or data charges. Please refer to the specifics of your plan or call your carrier for details about charges. Depending on the device platform, LISTEN may send one (1) phone authentication message confirming activation. After that, text messages will be sent to your phone according to the settings you choose. Standard text message rates may apply.
Charges for all payments and purchases made from your use of LISTEN will be processed via direct billing on your T-Mobile account and will show up on your T-Mobile bill. T-Mobile may and you any costs it incurs to collect unpaid charges.
Cancelation / Deletion. You may delete your LISTEN account at any time upon notice to you. RN may delete your LISTEN account without notice to you if you violate the terms of this Agreement, fail to make a payment, or in the event your account type is discontinued. RN will inform you of such cancelation.
Upon cancelation or deletion for any reason, you will no longer be able to use LISTEN, the content you have stored in the application will no longer be accessible to you, any credits you have purchased will be permanently lost, and any premium content you have purchased using LISTEN may be permanently deleted.
Prohibited Uses. When using LISTEN, you may not:
RN shall have the right to investigate and prosecute any of the above to the fullest extent of the law, may involve law enforcement authorities in any such action, and may terminate your account without notice if it has good reason to believe you have violated any of the above.
Automatic Features. As part of normal operations, LISTEN performs a variety of communications over the Internet. Some communication features may be automatic and are enabled by default. By using LISTEN, you consent to RN implementing these communication features.
Warranties and Disclaimers. LISTEN IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RN AND ITS SUPPLIERS AND T-MOBILE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, SERVICE AND DOCUMENTATION REMAINS WITH YOU. IN NO EVENT SHALL RN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE EVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RN'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FORTY DOLLARS ($40.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. RN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH LISTEN.
Indemnification. You agree to hold harmless, indemnify and defend RN, its officers, directors, employees, resellers affiliates, and T-Mobile from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to: (i) your violation of this Agreement; (ii) your violation of any third-party right, including without limitation any intellectual property right; or (iii) any claim that anything you create or upload on or using LISTEN caused damage to a third-party.
Support. Customer Support for LISTEN is available at: USsupport@LISTEN.com
Intellectual Property Notices. LISTEN is protected by U.S. copyright as well as international intellectual property treaties. "LISTEN," "Music to Their Ears," and "RealNetworks" are trademarks of RN. Android, iPhone, and other third party trademarks are trademarks of their respective owners.
Copyright Infringement Notice. RN respects the intellectual property rights of others. If you believe that content uploaded on LISTEN violates your copyright, please contact RN's designated agent for notice of claims of copyright infringement:
1501 1st Avenue South, Suite 600
Seattle, Washington 98134
Attn: Cyrus Christenson
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to LISTEN must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
Arbitration and Dispute Resolution:
PLEASE SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS AT http://realnetworks.com/arbitration-policy, INCORPORATED HEREIN BY REFERENCE. READ THOSE PROVISIONS CAREFULLY. THEY AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND REALNETWORKS IS RESOLVED.
EXPORT AND COMPLIANCE WITH LAWS. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported to: (1) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria); (2) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or (3) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use these products. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited country, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
U.S. GOVERNMENT END USERS. Listen and related documentation are "Commercial Items," as that term is defined at 48 §C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 §C.F.R. 12.212 or 48 §C.F.R. 227.7202, as applicable. Consistent with 48 §C.F.R. 12.212 or 48 §C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.