Terms and Conditions
Use of The Harmony Project web site (the "Service") by users (each a "Visitor") is subject to the following terms and conditions (the "Terms and Conditions").
1. Proprietary Rights.
The Service and any software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented through the Service or advertisers is protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Harmony Project advertisers or other providers of Content, Visitor shall not modify, rent, lease, loan, sell, copy, reproduce, distribute or create derivative works based on the Service, Software or Content, in whole or in part. Visitor shall not cause the Service to be displayed as a part of or within another Internet site or Web page, or resell or redistribute any portion of the Service or provide access to its account to any third party for financial gain. Visitor grants The Harmony Project a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, display, transmit and otherwise use any content provided by Visitor (such as by email to The Harmony Project or uploading to the Service).
1.2 The Harmony Project's Trademarks.
The Harmony Project, TheHarmonyProject.org, and their respective graphics, logos and service names are trademarks of The Harmony Project in the United States and other countries. The Harmony Project's trademarks may not be used in connection with any product or service that is not The Harmony Project's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Harmony Project.
2. Disclaimer of Warranties.
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, The Harmony Project AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. The Harmony Project AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS SOLELY VISITOR'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL GOODS AND SERVICES, OFFERED ON THE SERVICE.
3. Limitation of Liabilities.
The Harmony Project SHALL NOT BE RESPONSIBLE OR LIABLE TO VISITOR OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH The Harmony Project OR THE SERVICE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SERVICE OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF The Harmony Project, RESPECTIVELY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
IN NO EVENT SHALL The Harmony Project'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE EXCEED TWENTY DOLLARS ($20).
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
4. Jurisdiction/Arbitration; Enforcement.
Visitor agrees that any dispute or claim arising out of or related to the Service or these Terms and Conditions, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Monroe, Connecticut, under the American Arbitration Association Arbitration Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Visitor agrees that any claim against The Harmony Project must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party.
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS AND SUCH LAW SHALL BE APPLIED BY THE ARBITRATOR TO THE MERITS OF ANY DISPUTE OR CLAIM. FOR ANY NON-ARBITRAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS AND CONDITIONS, SOLE AND EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN MONROE, CONNECTICUT.
5. Third-Party Rights.
These Terms and Conditions are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third-party beneficiary hereunder.
6. No Waiver.
The failure of The Harmony Project to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.