IMPORTANT — READ THIS CAREFULLY BEFORE CONTINUING!
By clicking on the “AGREE” button on the account registration page, you indicate your acceptance of the following User License Agreement.
This is a legal agreement between you, as the end user (“you”), and Harmony Helper, LLC, a New Jersey limited liability company (“Harmony Helper”). BY CLICKING ON THE “AGREE” BUTTON BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. YOUR USE OF THE APP (AS DEFINED BELOW) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS USER LICENSE AGREEMENT (THIS “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PROCEED ANY FURTHER. DO NOT CLICK ON THE “AGREE” BUTTON AND DO NOT DOWNLOAD THE APP.
1. GRANT OF LICENSE. Harmony Helper grants to you the limited, non-exclusive, non-transferable right to use and access the Harmony Helper mobile and desktop application programs (the “App”) for your personal, private, non-commercial use, as long as you comply with the terms of this Agreement.
2. OWNERSHIP OF THE APP. The App is owned by Harmony Helper or its providers and is protected by U.S. copyright laws and international treaty provisions. Therefore, you must treat the App like any other copyrighted material (e.g., a book or musical recording). You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this Agreement. The parties acknowledge and agree that, subject to the license grant contained in this Agreement, Harmony Helper retains all right, title and interest, including all related intellectual property rights, in and to the App, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the App (the “Feedback”). You acknowledge and agree that all Feedback that you provide to Harmony Helper is hereby assigned to Harmony Helper, and you have no further rights therein or thereto. You further acknowledge and agree that you shall keep confidential and not use or disclose to any third party any information of Harmony Helper, whether related to the Services, the App, or otherwise, that you are provided or possess. To the extent any so-called “moral rights” are not transferable or assignable, you hereby waive and agree never to assert any moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the App. You receive no ownership rights hereunder.
3. LIMITATION ON GRANT AND USE RESTRICTIONS. You may not distribute copies of the App or any accompanying materials to others. You may not license, sublicense, sell, resell, disseminate, publish, display, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the App. You may not copy the materials accompanying the App, nor may you modify, adapt, translate or create derivative works based on those materials. You may not rent, lease or otherwise transfer to a third party your rights granted hereunder to the App. You may not use the App to send spam or otherwise duplicative, unsolicited or fraudulent messages in violation of applicable laws nor may you use the App to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious materials, including material harmful to children or violative of third party privacy rights. You may not use the App to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents, or programs, nor may you intentionally interfere with or disrupt the integrity or performance of the App. You may not share your username or password with any third parties or disclose or use any proprietary or confidential information of Harmony Helper other than solely in connection with your use of the App in accordance with this Agreement.
4. YOUR RESPONSIBILITIES. You are responsible for all activity relating to your use of the App, and you will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the App, including those related to data privacy, international communications and the transmission of technical or personal data. You will also choose a password and a user name in order to use the App. You are entirely responsible for maintaining the confidentiality of your password and account information and agree to keep your username, password, and any other account information relating to the App private and refrain from disclosing such information to any third parties. Furthermore, you are entirely responsible for any and all activities relating to your account. You agree to notify Harmony Helper immediately of any unauthorized use of your account or any other breach of security, to take all reasonable steps to stop the security breach, to report to Harmony Helper immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of content that is known or suspected by you, and to not impersonate another user or provide false identity information to gain access to or us the App. Harmony Helper will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
5. COPYRIGHT. The App will permit you to upload music, sounds, sheet music or other source material (collectively “Music”) to the App. You are solely responsible for choosing which Music to upload, for uploading that Music, and for any use of that Music in or through the App. You are solely responsible for taking all steps necessary to obtain any applicable licenses needed in connection with your use of the Music, and you represent, warrant and agree that you will not upload any third party music unless you are properly authorized and licensed to do so. You agree to indemnify, defend and hold harmless Harmony Helper for any third party claims relating to your copying and use of any Music uploaded by you to the App, whether under copyright law or otherwise.
6. TERMINATION. This Agreement and your right to access and use the App will terminate automatically upon notice from Harmony Helper if you fail to comply with any provision of this Agreement. You may terminate this Agreement at any time by giving written notice of termination to Harmony Helper. Upon any termination of this Agreement, Harmony Helper will automatically terminate your ability to access your account, and you will be obligated to uninstall the App from your computer or mobile application and to destroy all copies of the App and all materials associated therewith that may be in your possession.
7. FEES. In consideration of the license and rights granted to you pursuant to this Agreement, you will pay to Harmony Helper those fees as further set forth on the Harmony Helper website and in the app subscription process. Monthly and annual subscriptions begin with a seven-day free trial period. Once the free trial is over, a payment will be automatically initiated for the subscription duration. You can cancel at any time.
8. PAYMENTS. Harmony Helper may use a third-party service provider to process any payments related to your use of the App. When you make a payment, we will transfer you to a secure network provided by our third-party processor through which all transactions are processed. We do not retain any of your credit card or other payment information. You agree to promptly update your account and other information, including your email address and payment method details, so that we (and our third-party service provider) can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges that we submit to your billing account before we could reasonably act on your changes to your billing account. By providing us, or our service provider, with a payment method, you (i) represent that you are authorized to use that payment method; (ii) represent that any payment information you provide is true and accurate; and (iii) authorize us to charge you by using your selected payment method. Unless otherwise provided by law or by a particular offer from us, all purchases are final and non-refundable.
9. UPGRADE POLICY. Harmony Helper may create, from time to time, upgraded versions of the App. At its option, Harmony Helper may make such upgrades available to you either at no charge or upon payment of an appropriate fee.
10. DISCLAIMER OF WARRANTY. THE APP AND ALL ACCOMPANYING MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
YOU AGREE THAT YOUR USE OF THE APP WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HARMONY HELPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, RELATING TO THE APP, THE ACCOMPANYING MATERIALS AND ANY OTHER GOODS OR SERVICES PROVIDED BY HARMONY HELPER. THE ENTIRE RISK ARISING OUT OF THE USE OF THE APP REMAINS WITH YOU.
11. LIMITATION OF LIABILITY. IN NO EVENT WILL HARMONY HELPER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE APP OR ITS CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF HARMONY HELPER’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY HARMONY HELPER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. LIMITATION OF DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HARMONY HELPER RELATED TO THIS AGREEMENT OR THE APP WILL BE TO UNINSTALL THE APP AND TERMINATE YOUR ACCOUNT WITH HARMONY HELPER. IF A COURT AWARDS DAMAGES OF ANY KIND DESPITE THE FOREGOING, THOSE DAMAGES WILL NOT EXCEED THE GREATER OF $100.00 OR THE AMOUNT THAT YOU PAID FOR THE APP. 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.
13. REMEDIES. If you breach any term of this Agreement, in addition to any other remedies that Harmony Helper may have at law or in equity, you acknowledge and agree that Harmony Helper shall be entitled to seek injunctive relief without the need to post any bond or demonstrate actual damages.
14. PRIVACY. Any personally identifiable information that you provide to Harmony Helper will be handled in accordance with the Harmony Helper Privacy Policy located at https://harmonyhelper.com/privacy-policy.
15. GOVERNING LAW. This Agreement will be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and Harmony Helper that arises in whole or in part from or in connection with the App will be decided exclusively by a court of competent jurisdiction located in New Jersey. THIS AGREEMENT WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, THE APPLICATION OF WHICH IS HEREBY EXPRESSLY EXCLUDED.
16. ASSIGNMENT. This Agreement shall not be assigned by you without our prior written consent.
17. EXECUTION. You agree to be bound by the terms and conditions of this Agreement as of the date on which you clicked on the “AGREE” button. Your use of the App is also governed by our Terms of Use located at https://harmonyhelper.com/terms-of-service and our Privacy Policy located at https://harmonyhelper.com/privacy-policy, which are incorporated herein by reference as though each were set forth here in full. You also agree that, except as otherwise set forth herein, this Agreement is the complete and exclusive statement of agreement between you and Harmony Helper and supersedes all prior proposals or prior agreements, oral or written, and any other communications between you and Harmony Helper relating to the subject matter of this Agreement. If requested by Harmony Helper, you agree to sign and return to Harmony Helper a copy of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, your failure to sign or return a copy of this Agreement to Harmony Helper within ten (10) days of the delivery to you by Harmony Helper of such a copy may, at Harmony Helper’s option, constitute a breach sufficient for Harmony Helper to immediately terminate this Agreement.
BY CLICKING ON THE “AGREE” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
Should you have any questions concerning this Agreement, or if you desire to contact Harmony Helper for any reason, please contact us in writing:
Harmony Helper, LLC
309 Fellowship Road Suite 200 PMB 659
Mt. Laurel, NJ 08054
Email: support@harmonyhelper.com
Phone: 910-427-6669