Welcome to Harmony Helper™, a service provided by Harmony Helper, LLC (“Harmony Helper”, “we” “our” or “us”), a limited liability company.
Description of the Services
Description. The Services enable you to make recordings of harmonies to practice (“Recordings“). In connection with making Recordings, the Services enable you to (i) record audio-only works, depicting or otherwise capturing you singing the lyrics or music of musical works of your choice (including your own compositions); and/or (ii) include in your Recordings sound obtained with permission from others, such as Music Directors or Teachers. In addition to enabling you to create Recordings, the Services may also allow you to (A) save your Recordings locally to your device; and (B) share a Recording or a link to your Recordings to certain third party social media platforms (e.g., Facebook, Instagram, Tumblr, Twitter, Vine or WhatsApp) subject to the terms and conditions in this Agreement. All persons who create Recordings and other users of the Services are referred to collectively as “Users.”
Private Accounts. Harmony Helper may provide you with functionality to make Recordings publicly available on the Services or only available to people you approve. To the extent Harmony Helper provides this functionality, you should select the preferred privacy setting available within the applicable App.
Mobile Services. All or portions of the Services may be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services“). Your mobile carrier’s normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier and not all Mobile Services may work with all carriers or devices. Harmony Helper does not represent or warrant that the Services will be compatible with your mobile device(s). You are responsible for checking with your mobile carrier to determine if the Mobile Services are compatible with your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all uses of the Services and the related Mobile Services must be in accordance with this Agreement
Harmony Helper Accounts
Accounts. In order to access some features of the Services, you will have to create a Harmony Helper account (“Account”). You may not use another user’s account without permission. When creating an Account, you must provide true, accurate, current and complete information as we request. You must update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and we may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Services, infringe or violate any third party rights, damage or bring into disrepute the reputation of Harmony Helper, or violate any applicable law, rule or regulation. If messages sent to the e-mail address you provide to us are returned as undeliverable, then we may terminate your Account without notice to you and without any liability or obligation to you or any third party.
Account Security. Harmony Helper will not be liable for any loss or damage to you caused by any unauthorized use of your Account. You are responsible for the security of your Account, including the confidentiality of your username and password, and all activities that occur through the use of your credentials. You agree to notify Harmony Helper immediately at firstname.lastname@example.org if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Harmony Helper will not be liable for any loss or damage arising from any unauthorized use of your credentials prior to you notifying Harmony Helper thereof. Separate login credentials may be required to access external sites.
Messages. The Services may provide you the ability to send messages to Users and third parties. You represent and warrant you will only send messages through the Services to Users who have given you their express consent to receive such messages, and you will defend and indemnify us against all claims arising out of your sending such messages to any Users.
Use of the Services
(a) You agree not to alter or modify any part of the Services.
(b) You agree not to use the Services to sell access to the Services or sell advertising, sponsorships or promotions on or within the Services, including any content shared on the Services.
(c) In your use of the Services, you will comply with all applicable laws, rules and regulations.
Harmony Helper reserves the right to discontinue any aspect of the Services at any time.
You acknowledge that Harmony Helper may from time to time issue updated versions of the Apps and may automatically electronically update the version of any App that you are using on your mobile device(s). You consent to such automatic updating on your mobile device(s), and agree the terms of this Agreement will govern all updates Harmony Helper provides to you that replace and/or supplement any portion of the Services, unless the update is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern.
Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of musical content contained in the Services (“Content”):
(a) Content on the Services, and the trademarks, service marks and logos on the Services, are either in the public domain or are owned by or licensed to Harmony Helper, subject to copyright and other intellectual property rights under the law.
(c) You agree not to circumvent, disable or otherwise interfere with any security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
(d) You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive all legal and equitable rights and remedies you have or may have against Harmony Helper with respect thereto, and, to the extent permitted by applicable law, you agree to defend and indemnify Harmony Helper, its owners, operators, affiliates, licensors and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
You are not permitted to and you agree not to post any content to the Services that is or could be interpreted to be abusive, bullying, defamatory, harassing, harmful (or present a risk of harm, loss, property damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness) to any person or animal, hateful, humiliating to other people (publicly or otherwise), inaccurate, infringing, invasive of privacy or publicity rights, libelous, objectionable, obscene, offensive, pornographic, seeking to exploit children, threatening, unlawful (including through the violation of contractual or fiduciary relationships), violent, vulgar or in violation of any applicable law (including laws related to speech) or promoting bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide), as Harmony Helper may determine in its sole and absolute discretion (collectively, ” Objectionable Content“). The posting of any Objectionable Content may subject you to a third party claim and none of the rights granted to you in this Agreement may be raised as a defense against any third party claim arising from your posting of Objectionable Content.
You agree not to use the Services for any illegal or unlawful purpose, including, without limitation, to stalk any other User or to encourage any User to harm themselves or any other person. If you encounter any Objectionable Content on the Services, then please immediately email us at email@example.com or inform us through the functionality offered on the Services. You acknowledge and agree that Harmony Helper provides you with the ability to report Objectionable Content as a courtesy, and Harmony Helper has no obligation to remove or take any other action with respect to any Objectionable Content on the Services that you report to us. However, Harmony Helper in its sole discretion may take any actions it deems necessary and/or appropriate against any User who posts Objectionable Content on the Services, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s content posted on the Services and/or reporting the User to law enforcement authorities, either directly or indirectly.
Liability for Content / License to Harmony Helper
As a Harmony Helper account holder, you may submit content to the Services. You understand that Harmony Helper does not guarantee any confidentiality with respect to any content you submit. By posting content to or through the Services, you waive all rights to prior inspection or approval of any marketing or promotional materials related to such content. You also waive all rights of privacy, publicity and all other rights of a similar nature in connection with your content, or any portion thereof. 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 content you post to or through the Services.
You are solely responsible for all your content and the consequences of submitting your content on the Services. You represent and warrant that you own or have all necessary licenses, rights, consents and permissions to use and publish all content you submit; and you license to Harmony Helper all patent, trademark, trade secret, copyright and other proprietary rights in and to such content for publication on the Services.
The Harmony Helper app is interactive and, as such, content you submit for others to use may be modified by other Users without your prior approval. You acknowledge and agree that other Users may so modify your content at any time following submission and you assume the risks related thereto.
You are free to remove your content at any time. You understand and agree, however, that Harmony Helper may retain, but not display, distribute or perform, server copies of your content that have been removed or deleted by you. Further, you understand and agree that any content you have submitted, as thereafter modified by any other User, which has been previously downloaded by any other User or person will remain within the control of such User or person and Harmony Helper will not have any liability or obligation with respect thereto.
You agree and warrant that content you submit to the Services will not contain any third party copyrighted material or material that is subject to any other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Harmony Helper all of the rights granted in this Agreement with respect to such material.
If you choose to share Recordings publicly, you must have all necessary rights to the content you post. You must not post any Recording to the Services if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the Recording you intend to Post to the Services. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recording to the Services unless you have all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to Harmony Helper under this Agreement.
You represent and warrant that: (i) you own or control all content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Agreement; (ii) the posting and use of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, including, but not limited to, the rights of any person visible in any of your content; (iii) the posting of your content on the Services will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts, or provide any attribution, to any third party; and (iv) the posting of your content on the Services will not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person or entity as a result of posting your content on the Services.
Harmony Helper expressly disclaims any and all liability in connection with your content. Harmony Helper does not permit copyright infringing activities or infringement of intellectual property rights on the Services, and Harmony Helper will remove any of your content if properly notified that such content infringes on another’s intellectual property rights. Harmony Helper reserves the right to remove any content without prior notice.
Account Termination Policy
Respect of Third Party Rights
Harmony Helper respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services. The main purpose of Harmony Helper is to help users improve their harmonies by practicing whatever music they choose. To protect the rights of copyright holders, it is Harmony Helper’s policy to respond to written notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA“).
Procedure for Making Infringement Claims
Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(b) Identification of the works or material claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
(c) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient for Harmony Helper to locate the material;
(d) Information reasonably sufficient to permit Harmony Helper to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your lawyer and/or see 17 U.S.C. § 512 of the DMCA to confirm your obligations to provide a valid notice of claimed infringement.
Please send the notification by email or by postal mail to:
Harmony Helper LLC
Attention: Copyright Agent
38 Wood View Drive
Mount Laurel, NJ 08054
If you receive a notification from Harmony Helper that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, You will have the right to provide Harmony Helper with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Harmony Helper’s Copyright Agent to the same email or postal address identified above for reporting copyright infringement. Your Counter Notification must include substantially the following information:
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(d) Your name, address and telephone number; and
(e) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which Harmony Helper may be found, and that you will accept service of process from the person who provided a notice in compliance with Harmony Helper’s Procedure for Reporting Claimed Infringement as described above.
If you are submitting a Counter Notification, you should consult a lawyer or see 17 U.S.C. § 512 of the DMCA to confirm your obligations to provide a valid counter notification under the DMCA. Harmony Helper reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
Repeat Infringer Policy
Harmony Helper’s intellectual property policy is to (a) remove material that Harmony Helper believes in good faith, upon receipt of notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any content posted to the Services by “repeat infringers.” Harmony Helper considers a “repeat infringer” to be any User that has uploaded content to the Services and for whom Harmony Helper has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such content. Harmony Helper has discretion to terminate the account of any User of the Services after receipt of a single notification of claimed infringement or on Harmony Helper’s own determination.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
YOU AGREE THAT YOUR USE OF THE SERVICES 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 SERVICES AND YOUR USE THEREOF. HARMONY HELPER DOES NOT ASSUMES ANY 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 SERVICES. HARMONY HELPER DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HARMONY HELPER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDER OF ANY PRODUCTS OR SERVICES.
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 CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 SERVICES, 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 WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU ACKNOWLEDGE THAT HARMONY HELPER WILL NOT BE LIABLE FOR THE CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HARMONY HELPER AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND HARMONY HELPER, AND THAT HARMONY HELPER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Services are controlled and offered by Harmony Helper from its facilities in the United States of America. Harmony Helper makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so of their own volition and are responsible for compliance with all applicable local laws, rules and regulations.
Open Source Software
The Apps contain certain open source software. Each item of open source software is subject to its own applicable license terms, which are set forth in “About This Version.”
YOU AND HARMONY HELPER 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.
The foregoing provisions of this section do not apply to any claim in which Harmony Helper seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Harmony Helper or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Harmony Helper, including with respect to your content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Service.
These Terms of Service are not intended to give rights to anyone except you and Harmony Helper. This does not affect Harmony Helper’s right to transfer our rights or obligations to a third party as described above.
Purchases of a subscription are made through the Apple iTunes Store, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
To ensure uninterrupted service, all Harmony Helper subscriptions are renewed automatically by Apple using the credit card on file for your Apple iTunes Account. Annual subscriptions are billed in one payment at the time of purchase and automatically renew at the end of the initial term at the rate secured at the time of purchase.
You may cancel automatic renewal by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscriptions you want to modify. If you cancel a subscription, your subscription will terminate at the end of your current subscription period. If you cancel a subscription, there is no guarantee that your content will be saved.
You understand and acknowledge that Harmony Helper may adjust the pricing for its products and services in the future and that you will be charged such adjusted fees on a going forward-basis after notice to you from Apple.
Notice Regarding Apple.
You acknowledge that this Agreement is between you and Harmony Helper only, not with Apple, and Apple is not responsible for the Apps or the content thereof. Apple does not have any obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of the Apps to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps. Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Apps. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.