Please review the following terms and conditions carefully:
1. Acceptance of user agreement
If you are using or accessing the services on behalf of a company or other legal entity, you are representing that you have the authority to bind the company of other legal entity to the terms of the agreement and acknowledge and understand that both you, individually and the company or entity which you represent are bound by this agreement. If you do not want to register an account and become a user, do not agree to be bound by this agreement, do not cluck “join Harmony 360” and do not access view, download or otherwise use any Harmony 360 webpage, information or services. By clicking “join now,” “subscribe now,” or “purchase now,” you acknowledge that you have read and understood the terms and conditions of this agreement and that you agree, on behalf of yourself and on behalf of any company or tother legal entity which you represent, to be bound by all of its provisions. By clicking “join now,” “subscribe now,” or “purchase now,” you also consent to use electronic signatures and acknowledge your click of these buttons as one.
2. Your Obligations
1. License and warranty for your submissions to Harmony 360: By establishing a Harmony 360 account and accepting these terms of service, you agree that Harmony 360 may assist you in setting up your profile by using publicly available online information regarding you to populate your profile and to supplement any information provided by you in setting up that profile. You own or otherwise have the lawful right to provide the information that you provide to Harmony 360 or allow Harmony 360 to access under this agreement, and may request it’s deletion at any time, unless you have shared information or content with other users and they have not deleted it, or it was copied or stored by other users with your permission. Additionally, you grant Harmony 360 a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process analyze, use and commercialize in any way now known or in the future discovered, any information you provide, directly or indirectly to Harmony 360 including, but not limited to, any user generated content, publicly available online information used by Harmony 360 to populate your profile, ideas, concepts, techniques or data (but excluding email addresses), without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent, warrant and covenant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
Without limiting the generality of the foregoing, you represent, warrant and covenant that: (a) at the time of sending any communications using the services, you have or will have obtained any and all necessary consents required or is otherwise able under applicable law, including applicable anti-spam legislation, from your contacts to use their email address for the purpose of sending such emails or other electronic communications; and (b) if such recipient advises that it no longer wishes to receive further commercial electronic messages or you otherwise determine that you no longer haw lawful consent to send them electronic communications, you will ensure that Harmony 360 is immediately made aware of such change in circumstances. Furthermore, you acknowledge that the template messages provided by Harmony 360 in connection with the services are for the convenience and example only and that you are solely responsible for selecting the content of communications that you transmit using the services, including ensuring that such content complies with all applicable laws. It is your responsibility to keep your Harmony 360 profile information accurate and updated.
3. Service Eligibility: To be eligible to use this service, you much meet the following criteria and you hereby represent and warrant that you: (1) are 18 years of age or older, or are legal guardian of the minor for which you wish to receive Harmony 360 services; (2) are not currently restricted from the services or not otherwise prohibited from having a Harmony 360 account, (3) are not a competitor of Harmony 360 or are not using the services for reasons that are in competition with Harmony 360; (4) will only maintain one Harmony 360 account at any given time; (5) have full power and authority to enter into this agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other agreement to which you, or the person or entity you are representing, are a party; (6) will not violate any rights of Harmony 360, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the services.
5. Indemnification: You will fully indemnify, defend and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs), fines, administrative monetary penalties or settlement costs, (“losses”) related to all third party claims, charges, regulatory and other investigations, caused by (1) your failure to comply with this agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the services, and (d) any activity in your account or which you engage in or through your use of the services. You will further indemnify, defend, and hold us harmless from any and all losses arising from (a) any breach or inaccuracy of Section 2 above; or (b) any claim or allegation that you or Harmony 360 has transmitted a communication using the services in violation of applicable law including applicable anti-spam legislation.
6. Payment: If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), those premium services are subject to this agreement and any additional terms which you accept in connection with registering for the premium services. When you purchase premium services, you agree that we may store your payment information and that we may use that payment information to charge the applicable fees for the premium services (including, without limitation, periodic subscription fees for premium accounts) as they become due plus all related taxes and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period and are non-refundable. You also acknowledge that Harmony 360’s premium services are subject to this agreement and any additional terms related to the provision of the premium service.
7. Communications from Harmony 360 to you: Harmony 360, at its discretion, may contact or notify you regarding scheduled and unscheduled downtimes outside of our routine maintenance windows, changes to the services or this agreement or other items relating to the services or your account using any of the following means: (a) a banner notice placed across Harmony 360’s pages; (b) an email from Harmony 360 to an email address associated with your account, even if we have other contact information; or (c) through your Harmony 360 account or through other means including mobile number, telephone, or delivery services including the postal service. Please review your setting to control what kind of messages you receive from Harmony 360. You acknowledge and agree that Harmony 360 shall not be liable for any consequence resulting, directly or indirectly, from your failure to maintain accurate contact or other information, including but not limited to, your failure to receive critical information about the service.
8. Harmony 360 Applications: Harmony 360 may offer the service through applications built using Harmony 360’s platform. Examples of Harmony 360 applications include its smart phone applications and Harmony 360’s “share” buttons and other interactive plugins distributed on websites across the web. Harmony 360 applications are distinct from third party platform applications addressed in section D.2. If you use a Harmony 360 application or interact with a website that has deployed a plugin, you agree that information about you and your use of the services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Harmony 360 plugins that load in your browser may be communicated to us. Further, by importing any of your Harmony 360 data through the application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Harmony 360 account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge that you are responsible for all charges and necessary permissions related to accessing the services through your mobile access provider. Finally, by using any downloadable application to enable your use of the services, you are explicitly confirming your acceptance of the terms of the end user license agreement associated with the application provided at download or installation, or as may be updated from time to time.
9. User-to-User Communication and Sharing (groups, discussions, topics, messaging, promotions, events, tasks, updates, company profiles, etc): Harmony 360 hosts various forums where you can post your observations and comments on designated topics. Harmony 360 may also enable sharing of content to their profile and other parts of the site, such as profile pages. Harmony 360 members may create profile pages and other pages for free; however, Harmony 360 may close or transfer any profile pages or other user created pages, or remove content from them if the content violates this agreement or others’ intellectual property rights. NOTHWITHSTANDING THE ABOVE, YOU ACKNOWLEDGE AND AGREE THAT HARMONY 360 IS NOT RESPONSILBE FOR ANY CONTENT OR INFORMATION POSTED BY YOU OR ANY OTHER USER IN ANY HARMONY 360 HOSTED FORUM, BLOG, PAGE, CALENDAR OR WEBSITE THROUG A USER CREATED MESSAGE OR OTHERWISE THROUG THE SERVICES IN ANY MANNER. Please note that ideas you post and information you share may be seen and used by other users, and Harmony 360 cannot guarantee that other users will not use the ideas and information that you share with Harmony 360. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the services, to any Harmony 360 users you are connected to, into your network updates, or elsewhere. HARMONY 360 IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN OR ON ANY HARMONY 360 HOSTED FORUM, BLOG, PAGE, CALENDAR OR WEBSITE OR THROUGH A USER CREATED MESSAGE OR OTHERWISE THROUGH THE SERVICES IN ANY MANNER.
11. Export Control: Your use of Harmony 360 services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the US department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
12. Contributions to Harmony 360: By submitting ideas, suggestions, documents, and/or proposals (“contributions”) to Harmony 360 through its suggestion or feedback webpages, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) Harmony 360 is not under any obligation of confidentiality, express or implied, with respect to the contributions; (c) Harmony 360 shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) Harmony 360 may have something similar to the contributions already under consideration or in development; (e) you irrevocably assign to Harmony 360 all rights to your contributions; and (f) you are not entitled to any compensation or reimbursement or any kind from Harmony 360 under any circumstances.
13. Invitations to connect: If you invite other users to connect with you, or if you invite persons not yet members of the Harmony 360 community to join Harmony 360 and connect with you, Harmony 360 will automatically send up to two reminder emails to recipients who haven’t yet responded to your invitation to connect, unless you advice Harmony 360 otherwise. Reminders are sent to alert the recipient of any invitation in case they overlooked the original message. No more than two reminders are sent, and if the recipient responds to the invitation, the reminders will stop. We remind you that it is solely your responsibility to determine whether Harmony 360’s invitation process is in compliance with applicable laws that affect your intended recipients and accordingly, you may prevent Harmony 360 from sending reminder emails by canceling the invitation at any time prior to the transmittal of the reminder email.
3. YOUR RIGHTS
On the condition that you comply with all your obligations under this agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access the services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling, or other technology or software used to access data without the express written consent of Harmony 360), view information and use the services that we provide on Harmony 360 webpages and in accordance with this agreement. Any other use of Harmony 360 contrary to the code of conduct is strictly prohibited and a violation of this agreement. We reserve all rights not expressly granted in this agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Harmony 360, the services and all related items, including any and all copies made of the Harmony 360 website.
4. OUR RIGHTS AND OBLIGATIONS
1. Services availability: For as long as Harmony 360 continues to offer the services, Harmony 360 shall provide and seek to update, improve and expand the services. As a result, we allow you to access Harmony 360 as it may exist and be available on any given day and have no other obligations, except as expressly stated in this agreement. We may modify, replace, refuse access to, suspend or discontinue Harmony 360, partially or entirely, or change and modify prices for all or part of the services for you or for all users in our sole discretions. All of these changes shall be effective, or change and modify prices for all or part of the services for you or for all our users in our sole discretions. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Harmony 360 further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Harmony 360 to be contrary to this agreement. For avoidance of doubt, Harmony 360 has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the services.
3. Disclosure of User Information: You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Harmony 360, our users, or the public.
4. Connections and Interactions with other Users: You are solely responsible for your interactions with other users. Harmony 360 may limit the number of connections you may have to other users and may, in certain circumstances, prohibit you form contacting other users through use of the services or otherwise limit your use of the services. Harmony 360 reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Harmony 360 determines, in our sole discretion, that doing so is necessary to enforce this agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WHITH CONSUMERS AND, AS A RSULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON HARMONY 360, ANY INFORMATION THEREIN, OR IT’S CONTINUATION. WE PROVIDE THE PLATFORM FOR HARMONY 360 AND ALL INFORMATION AND SERVICES ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HARMONY 360 DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. SUBJECT TO APPLICABLE LAW, WE DO NOT PROVIDE ANY EXPRESS REPRESENTATIONS, WARRANTIES, OR CONDITIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS, INDCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY HARMONY 360 OR ANYTHING RELATED TO HARMONY 360, YOU MAY CLOSE YOUR HARMONY 360 ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION G (“TERMINATION”) AND SUCH TERMINATIONS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
HARMONY 360 IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE DELIVERY OF ANY MESSAGES (SUCH AS DIRECT MESSAGES, POSTING OF ANSWERS, OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH HARMONY 360 TO ANYONE. IN ADDITION, WE NEITHER REPRESENT NOR WARRANT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
HARMONY 360 DOES NOT HAVE ANY OBLIGATION TO VERIFY THE INDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, HARMONY 360 DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR INDENTITY OR INFORMATION.
HARMONY 360 DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONINING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. HARMONY 360 DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTIONS OR ERRORS IN FUNCTIONING, FURTHERMORE, HARMONY 360 DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBLITY OF ACCESS , OR POOR USE CONDITIONS OF THE HARMONY 360 SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. LIMITATION OF LIABILITY
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Harmony 360 nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a premium service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit , revenue or data to you or any third person arising from your use of the services, any platform application or any of the content or other materials on, accessed through, or downloaded from Harmony 360. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
1. Apply regardless of whether (1)you base your claim on contract, tort, statue or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
2. Not apply to any damage that Harmony 360 may cause you intentionally or knowingly in violation of this agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this agreement
3. Not apply if you have entered into a separate agreement to purchase premium services with a separate limitation of liability provision that supersedes this section in relation to those premium services.
1. Mutual rights of termination: You may terminate this agreement, for any or no reason, at any time, with notice to Harmony 360 pursuant to Section 1.3. This notice will be effective upon Harmony 360 processing your notice. Harmony 360 may terminate the agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt only Harmony 360 or third party paying for the services may terminate your access to any premium services. Termination of your Harmony 360 account includes disabling your access to Harmony 360 and may also bar you from any future use of Harmony 360.
2. Misuse of the services: Harmony 360 may restrict, suspend or terminate the account of any user who abuses or misuses the services. Misuse of the services includes inviting other users with whom you do not know to connect; abusing the Harmony 360 messaging services; creating multiple or false profiles using the services commercially without Harmony 360’s authorization, infringing any intellectual property rights, violating the Code of Conduct, or any other behaviors that Harmony 360, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Harmony 360 will suspend access to and terminate the account of any user whom Harmony 360 determines to be a repeat infringer of other person’s rights under the US Copyright Act or similar legislation. A user will be deemed a repeat infringer of (a) such user has been notified of the infringing activity more than twice and/or has had one of its submissions removed from our website more than twice.
3. Effect of Termination: Upon the termination of your Harmony 360 account, you lose access to the services. The terms of this agreement shall survive any termination, except Sections 3 (“your rights”) and 4.a.b and d (“our rights and obligations”) hereof.
8. DISPUTE RESOLUTION
1. Law and Forum for Legal Disputes: This agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this agreement shall be governed by the laws of the state of New Mexico regardless or your country of origin or where you access the services. You and Harmony 360 agree that all claims arising out of or related to this agreement must be solved exclusively by a state or federal court located in Las Cruces, New Mexico., except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Harmony 360 agree to submit to the personal jurisdiction of the state and federal courts located within Las Cruces, New Mexico for the purpose of litigating all such claims. Notwithstanding the above, you agree that Harmony 360 shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
2. Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgement on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. GENERAL TERMS
1. Severability: If any provision of this agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of the agreement will not be affected in any way.
HARMONY 360 LLC
642 SOUTH ALAMEDA STREET, STE C
LAS CRUCES, NM 88001
4. Entire Agreement: You agree that this agreement constitutes the entire, complete and exclusive agreement between you and us regarding the services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy of precedent, with respect to the subject matter of this agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Harmony 360 services, third-party content or third party software.
5. Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the agreement, effective upon posting at http://www.harmony-360.com or notifying you otherwise. If you do not want to agree to the changes to the agreement, you can terminate this agreement at any time per Section F (Termination).
6. No informal waivers, agreements, or representations: Our failure to act with respect to a breach of this agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the agreement, no representations, statements, consents, waivers or other acts or omissions by any Harmony 360 affiliate shall be deemed legally binding on any Harmony 360 affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Harmony 360.
7. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the service, exploitation of any advertising or other material issued in connection therewith, or exploitation of the services or any content or other material used or displayed through the services.
8. Assignment and Delegation: You may not assign or delegate any rights or obligations under the agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Harmony 360 for any third party that assumes our rights and obligations under this agreement.
9. Potential Other Rights and Obligations: You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. CODE OF CONDUCT
As a condition to accessing the services, you agree to strictly adhere to the following Code of Conduct.
1. Comply with all applicable laws, including, without limitation, privacy and anti-spam laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
2. Provide complete and accurate information to Harmony 360 and update it as necessary to maintain its accuracy and completeness and compliance with applicable laws;
4. Read and comply with notices sent by Harmony 360 concerning the services;
5. Use the services in a professional manner;
6. Protect sensitive personal information by considering carefully what information about yourself and your business you wish to share with other users and general public through your private and public profiles.
7. Do not act dishonestly or engage in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the service or by using the service to transmit or make available in any way material which:
a. Falsely states, impersonates, or otherwise misrepresents your identity, including but not limited to the use of pseudonym, or mispresenting your current and previous positons and qualifications or your affiliations with a person or entity, past or present;
b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to content field content that is not intended for such field (ie. Submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Harmony 360);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of the employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Harmony 360 invitations to send messages to people who don’t know you, who have not expressly or otherwise implied consented to receive electronic communications form you or who are unlikely to recognize you as a known contact; (b) using Harmony 360 to connect to people who don’t know you and then sending unsolicited promotional or other electronic communications/messages to those direct connections without their permission; and (c) sending messages to distribution lists newsgroup aliases, or group aliases
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Harmony 360 or any use of Harmony 360; or
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the services.
8. Do not create a false identity or business profile;
9. Do not use the services to harass, abuse or harm another person;
10. Do not invite other businesses and organizations located nearby that you would like to have in the network;
11. Do not upload a profile image that is not your likeness or head-shot photo;
12. Do not use or attempt to use another user’s account without authorization form such user.
13. Do not use the services, directly or indirectly, to set up or develop a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
14. Do not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information available to you through the services (excluding content posted by you) except as permitted in this agreement or as expressly authorized by Harmony 360 in compliance with applicable laws. Use of information, content or any date that you view and/or obtain from the services to provide any service that Harmony 360 deems to be competitive with the services is strictly forbidden;
15. Do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the services or any part thereof.
16. Do not imply or state, directly or indirectly, that you are affiliated with or endorsed by Harmony 360 unless you have entered into a written agreement with Harmony 360 (this includes, but is not limited to, representing yourself as an accredited Harmony 360 trainer if you have not been certified by Harmony 360 as such);
17. Do not adapt, modify or create derivative works based on Harmony 360 or technology underlying the services, or other users content, in whole or part except as permitted under Harmony 360’s developer program;
18. Do not rent, lease, loan, trade, sell/re-sell access to Harmony 360 or technology underlying the services or other users content, in whole or in part, except as permitted under Harmony 360’s developer program.
19. Do not sell, sponsor, or otherwise monetize a Harmony 360 or any other service or functionality of the services, without the express written permission of Harmony 360
20. Do not deep-link to the site for any purpose unless expressly authorized in writing by Harmony 360
21. Do not remove any copyright, trademark or other proprietary rights notices contained in or on the services, including those of both Harmony 360 and any of its licensors;
22. Do not remove, cover or otherwise obscure any form of advertisement included in or on the services;
23. Do not collect, use, copy, or transfer any information, including, but not limited to, personally identifiable/personal information obtained from Harmony 360 except as expressly permitted in this agreement or as the owner of such information may expressly permit;
24. Do not share information of users or non-users without their express consent.
25. Do not infringe or use Harmony 360’s brand, logos and/or trademarks, including, without limitation, using the word “Harmony 360” in any business name, email, or URL or including Harmony 360’s trademarks and logos except as expressly permitted by Harmony 360.
26. Do not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the site;
27. Do not use bots or other automated methods to access Harmony 360, add or download contacts, send or redirect messages, or perform other activities through Harmony 360, unless explicitly permitted by Harmony 360.
28. Do not access, via automated or manual means or processes, the services for purposes of monitoring the services availability, performance or functionality for any competitive purpose;
29. Do not engage in “framing,” “mirroring,” or otherwise simulating the appearance of function of Harmony 360’s website.
30. Do not attempt to or actually access the services by any means other than through the interfaces provided by Harmony 360 such as its mobile application or by navigating to http://www.harmony-360.com using a web browser. This prohibition includes accessing or attempting to access the services using any third party service, including software-as-a-service platforms that aggregate access to multiple services, including the services;
31. Do not attempt to or actually override any security component included in or underlying the services.
32. Do not engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Harmony 360’s infrastructure, including, but not limited to, sending unsolicited communications to other users or Harmony 360 personnel attempting to gain unauthorized access to the services or transmitting or activating computer viruses through or on the services;
33. Do not interfere with or disrupt or game Harmony 360 or the services including, but not limited to, any servers or networks connected to Harmony 360, in particular Harmony 360’s search algorithms.
HOW TO CONTACT US
If you have questions or comments, please send them to us here by email.
Or we can be contacted at this physical location:
HARMONY 360 LLC
642 SOUTH ALAMEDA, STE C
LAS CRUCES, NM 88001