YOU MAY USE THESE SERVICES IF YOU ARE AT LEAST 13 YEARS OF AGE. HOWEVER, IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THE TERMS OF THIS AGREEMENT ON YOUR BEHALF.
New Harmony Line does not control the information provided by other users which is made available through the Services. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. You must use caution and common sense when using the Services.
As used in this Agreement, the term “Your Information” means any information you provide to New Harmony Line or other users in using the Services, including in any registration process, in any public message area or through any email or messaging feature. You are solely responsible for Your Information.
Your Information may not:
(a) be false, inaccurate, misleading or fraudulent;
(b) infringe any anyone’s copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy;
(c) violate any law, statute, ordinance or regulation;
(d) be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing;
(e) promote any commercial product the sale of which you stand to benefit from;
(e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way; or
(f) create liability for New Harmony Line or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
You grant New Harmony Line a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now existing or later invented.
Improper Conduct. You agree that you will not: (a) impersonate any other individual, including without limitation another user or a New Harmony Line staff member; (b) engage in harassment of any form, including without limitation through improper language or excessive frequency or size of messages; (c) send messages of any kind to any individual who has stated or in any other way demonstrated that he or she does not wish to receive messages; (d) copy or post any personal messages sent to you via the Services; (e) use the Services for any unlawful purpose; or (f) otherwise use the Services in a deceptive, abusive or otherwise disruptive manner.
You agree that you will not use the Services to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SERVICES TO CREATE MUSICAL PERFORMANCES BASED ON OTHER PARTIES’ COMPOSITIONS OR UPLOAD OR DOWNLOAD ANY SUCH PERFORMANCES UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH COMPOSITIONS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE WHICH RIGHTS ARE NECESSARY.
You agree to indemnify, defend and hold harmless New Harmony Line, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the “New Harmony Line Parties”) from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and any other content of any kind that you create using the Services or upload in any way infringes upon or misappropriates, violates, or infringes any party’s personal or proprietary rights of any kind.
Interference and Unauthorized Access. You agree that you will not: (a) attempt to circumvent user authentication or the security of any New Harmony Line account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy New Harmony Line’s web pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or (d) take any action that imposes an unreasonable or disproportionately large load on New Harmony Line’s infrastructure, including without limitation “denial of service attacks.”
If you in any way violate any system or interfere with network security you may incur criminal or civil liability. New Harmony Line will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
The Services contain copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, software, photographs, video, graphics, images, music and sound (collectively “Proprietary Material”). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except that you may copy Proprietary Material for your personal, non-commercial use.
COPYRIGHT INFRINGEMENT CLAIMS PROCEDURE
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward to New Harmony Line’s Copyright Agent the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
By postal mail or courier:
New Harmony Line
600 Beaver Street
Waltham MA 02452
New Harmony Line is not affiliated with sites that may be linked to the Services through hypertext (“Linked Sites”). New Harmony Line has no control over, and is not responsible for, the content on any Linked Site. The Linked Sites are for user convenience only and you access them at your own risk.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEW HARMONY LINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEW HARMONY LINE DOES NOT WARRANT OR GUARANTEE THAT (1) THE SERVICES ARE COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICES WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (5) THE FUNCTIONS OR SERVICES NEW HARMONY LINE PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEW NEW HARMONY LINE IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SERVICES, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES.
Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL THE NEW HARMONY LINE PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE NEW HARMONY LINE PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US$500. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.
GENERAL TERMS AND CONDITIONS
Without limiting other remedies, New Harmony Line may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services if: (a) you breach this Agreement or any of the documents it incorporates by reference; (b) New Harmony Line is unable to verify or authenticate any information you provide to it; or (c) New Harmony Line believes that your actions may cause legal liability to any person or entity.
You agree to indemnify and hold each New Harmony Line Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of another party.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
Governing Law; Venue.
This Agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the Commonwealth of Massachusetts, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.
Changes and Cancellation.
New Harmony Line may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. New Harmony Line may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Services.
Reservation of Rights.
New Harmony Line reserves the right to refuse access to the Services for any reason.
New Harmony Line may amend this Agreement at any time by posting the amended terms on the Services, which will become effective immediately when posted. By continuing to use the Services after New Harmony Line posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of New Harmony Line.
This Agreement contains the entire understanding of the parties relating its subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of this Agreement are to be interpreted in a reasonable manner to effect the purpose of the parties, and this agreement is not to be interpreted or construed against New Harmony Line because it participated in the drafting of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. New Harmony Line may assign or transfer this Agreement, in whole or in part, to any party without notice. All terms and conditions of this Agreement which by their nature are meant to survive the termination of this Agreement will survive termination.