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Terms of Use Agreement

Updated 6.12.2017

 

 

Welcome to the Harmony Central website at www.harmonycentral.com (the “Website”), which is a copyrighted work belonging to Harmony Central, LLC.  Harmony Central grants you the right to use the Website subject to the terms and conditions of use ("Terms of Use") set forth below.  PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. 

 

Portions of the Website permit the posting of content (“UGC”), by registered users (“Members”).  Whether or not you register as a Member, by using the Website you agree to be bound by these Terms of Use (this "Agreement").  In addition, if you wish to become a Member, post content and/or communicate with other Members and make use of the UGC service (the "Service"), you must acknowledge in writing your acceptance of and agreement to be bound by this Agreement during the registration process.

This Agreement, which also includes all policies posted on the Website (such as, without limitation, the Privacy Policy), sets out the terms of your use of the Website and your membership in the Service and may be modified by Harmony Central. Such modifications are deemed immediately effective upon posting by Harmony Central on the Website. Service may be restricted or terminated by Harmony Central in its sole discretion.

 

1. Eligibility. You must be at least eighteen years of age to register as a Member. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by emailing makebettermusic@harmonycentral.com. Harmony Central may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Harmony Central. In the event that your membership is terminated, this the terms of this Agreement will still remain in effect, and at such time that this Agreement is terminated, certain provisions will remain effective, including, without limitation, sections 4, 5, 7 and 9-14 of this Agreement.

 

3. Non Commercial Use by Members. Other than in connection with Harmony Central’s business, the Service may not be used in connection with any other commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

 

4. Proprietary Rights in Content on the Website and the Service. Harmony Central owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Harmony Central and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

5. Content Posted on the Site.

Harmony Central will not own or retain any rights to the content you post on the Website, other than those limited technical permissions required in order to display, store and serve that content on the Website.  At anytime you can take down your content and terminate Harmony Central’s limited permission to use any of your content.   

 

a. You understand and agree that Harmony Central may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Harmony Central violates this Agreement or which might be offensive, illegal, that might violate the rights, harm, or threaten the safety of others or in any way be deemed unsuitable by Harmony Central.

 

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

 

c. By posting Content to the Website, you represent and warrant that you have the right to grant, and so grant, to Harmony Central a revocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing, but only for the purpose of its use on the Website in connection with Your post(s).  You grant also represent and warrant that you have all permissions and licenses necessary to do so, including those such as “right of publicity” and other rights relating to reproduction of names and/or likenesses of individuals. You may revoke any of the foregoing licenses by deleting the applicable licensed Content according to methods provided by the Service, however; Harmony Central may retain limited copies such Content for non-public, non-commercial archival use.  Posts of Content to the Website will not be considered as “Submissions” as defined below, but will be considered Content under the terms set forth in this Agreement.   

 

d. The following is a partial list of Content that is deemed illegal or prohibited on the Website. Harmony Central reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and/or terminating the membership of such violators. It includes, but is not limited to, Content that:

  • is patently offensive to the community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group, organization or individual;
  • harasses or advocates harassment of another person, group or organization;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or distributes illegal or unauthorized copies of the copyrighted works of others, (examples, without limitation, include: providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music/video or links to pirated music/video files);
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • infringes on the rights of privacy of any individual or misappropriates the name and/or likeness of another;   
  • provides material that solicits personal information from anyone, especially from individuals under the age of 18;
  • provides material that is lewd, obscene, contains nudity or otherwise depicts sexual activities or contains sexually suggestive content, including photographs;
  • contains any material that depicts, describes or threatens violence;
  • contains words or descriptions that are reasonably considered vulgar, course or crude;
  • provides instructional information about illegal activities such as making or buying illegal weapons, using or obtaining illegal drugs, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in any unauthorized commercial activities, solicitations and/or sales.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

 

f. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services unrelated to Harmony Central through the Service or through information you obtain from the Service.

 

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Harmony Central’s Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: Harmony Central Legal Counsel, 309 Plus Park Blvd., Nashville, TN 37217.

 

7. Member Disputes. You are solely responsible for your interactions with other Members. To the extent that interactions relate to, or involve the use of the Service, Harmony Central reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

8. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.

 

9. Disclaimers. Harmony Central is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Harmony Central is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Harmony Central assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Harmony Central is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Harmony Central be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Harmony Central expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Harmony Central cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

 

10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Harmony Central be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if Harmony Central has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Harmony Central's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Harmony Central for the Service during the term of membership.

 

11. Email Newsletter Subscription. By accepting this Agreement you agree that Harmony Central may send you advertisements promoting the deals offered by Harmony Central electronically via email. User may opt-out of receiving such emails by clicking through the “unsubscribe” link found at the bottom of each Harmony Central promotional email. Opting-out of the email marketing list will not cancel or forfeit your Service membership. Even if you opt-out of receiving promotional emails, Harmony Central may still send you transactional emails, such as emails about your membership in the Service or those relating to the status of your online purchases. For information about how Harmony Central will use your information, please review our Privacy Policy.

 

12. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Tennessee, City of Nashville.

 

13. Indemnity. You agree to indemnify and hold Harmony Central, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

14. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Harmony Central regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  Subject to these Terms of Use, Harmony Central grants you a limited, royalty-free license to view the materials contained on the Website (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Harmony Central server.  Harmony Central reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice.  You agree that Harmony Central will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.  Your use of any areas of the Site secured by a user name/login screen ("Secured Areas") is governed by the terms and conditions of a separate agreement.  You are granted no rights or licenses to use the Secured Areas under this Agreement.  All remarks, suggestions, ideas, graphics, data, personal information, resumés, questions or other information communicated to Harmony Central through the Website, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of Harmony Central. Unless otherwise specified in our Privacy Policy or this Agreement, Harmony Central will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Harmony Central services or operations. Harmony Central will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.  

 

Please contact us with any questions regarding this Agreement at the following address:

Harmony Central

309 Plus Park Blvd.

Nashville, TN  37217

 

Updated: April 22, 2015

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