This agreement is between HarmonyBit ('HarmonyBit') and users of HarmonyBit's products ('You').
By installing, using, or accessing HarmonyBit's
products (the 'Service') You agree to (1) the Terms of Service document, (2)
HarmonyBit's Privacy Policy
HarmonyBit may modify or revise the Terms of Service at
any time, and You agree to be bound by such modifications or revisions.
HarmonyBit grants You permission to access and use the
Service as set forth in the Terms of Service, provided that:
You agree not to alter or modify any part of the Service.
You agree not to use the Service for any of the following
commercial uses unless you obtain HarmonyBit's prior written approval:
the sale of access to the Service; or the sale of
advertising, sponsorships, or promotions placed on or within the Service,
including any content shared on the Service.
In your use of the Service, You will comply with all
applicable laws.
HarmonyBit reserves the right to discontinue any aspect
of the Service at any time.
IMPORTANT: In order to use the Service, you must receive
data connectivity services from your service provider. The cost of the data
connectivity service may vary among service providers. It is your
responsibility to review such costs and to determine whether you wish to bear
such costs or not. In particular, you further acknowledge that the cost of such
data connectivity service may rise significantly when roaming internationally.
Therefore, you are advised to consider the cost of using the Service, depending
on your location at any particular time.
The Service, including but not limited to, mobile apps
produced by HarmonyBit ('the Application'), HarmonyBit website ('the
Website'), text, graphics, photos, sounds, interactive features and other
content and the trademarks, service marks and logos contained therein (the
'HarmonyBit IP'), are owned by or licensed to HarmonyBit, and are
subject to copyright and other intellectual property rights under applicable
laws. You acknowledge that the Service and its content is provided to you on an
AS IS basis for your personal use only and, except as permitted under these Terms
of Service, may not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of HarmonyBit or the respective owners.
If You are an intellectual property owner or agent thereof
and believe that any Content on the Service infringes any rights that You own
or represent, then You may send a notification of claimed infringement to [email protected] and we will
respond accordingly.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HARMONYBIT, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. HARMONYBIT
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF HARMONYBIT'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 SERVICE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. HARMONYBIT DOES NOT
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND HARMONYBIT WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL HARMONYBIT, 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 CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF HARMONYBIT'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
SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HARMONYBIT SHALL NOT
BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Service is controlled and offered by HarmonyBit
from its facilities in the United Kingdom of Great Britain. HarmonyBit
makes no representations that the Service is appropriate or available for use
in other locations. Those who access or use the Service from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
To the extent permitted by applicable law, You agree to
defend, indemnify and hold harmless HarmonyBit, its officers, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, and expenses (including but not limited to
attorneyÕs fees) arising from: (i) your use of and access to the Service; (ii)
your violation of any term of the Terms of Service; (iii) your violation of any
third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that your Content caused damage to a third
party. This defense and indemnification obligation will survive the Terms of
Service and your use of the Service.
You affirm that you are either 13 years of age or older, an
emancipated minor, or possess legal parental or guardian consent, and are fully
able and competent to enter into and comply with the terms, conditions,
obligations, affirmations, representations, and warranties set forth in the
Terms of Service.
The Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by You, but may be assigned by
HarmonyBit without restriction.
You agree that: (i) the Service shall be deemed solely based
in England; and (ii) the Service does not give rise to personal jurisdiction
over HarmonyBit, either specific or general, in jurisdictions other than
England. The Terms of Service shall be governed by the laws of England, without
respect to its conflict of laws principles. Any claim or dispute between You
and HarmonyBit that arises in whole or in part from the Service shall be
decided exclusively by a court of competent jurisdiction located in England. If
any provision of the Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of the Terms of Service, which shall remain in full
force and effect. No waiver of any provision of the Terms of Service shall be
deemed a further or continuing waiver of such provision or any other provision,
and any failure by HarmonyBit to assert any right or provision under the
Terms of Service shall not constitute a waiver of such right or provision.
HarmonyBit reserves the right to amend the Terms of Service at any time
without notice. It is your responsibility to review the Terms of Service for
any changes. Your use of the Service following any amendment of the Terms of
Service will signify your assent to and acceptance of its revised terms. YOU
AND HARMONYBIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.