Terms of Service

May 28th, 2015

Hidden Harmonies Terms of Service

Welcome to Hidden Harmonies! Before you begin participating in Hidden Harmonies, you should read the following terms and conditions and policies, including any future amendments (collectively, “Terms of Service”).  Your participation represents implicit agreement of our terms of service.

Although we may attempt to notify you when major changes are made to the “Terms of Service,” you should periodically review the most up-to-date version. Hidden Harmonies may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you should refrain from participating at Hidden Harmonies. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. Hidden Harmonies is blog publishing service (the “Service”). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Hidden Harmonies disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Hidden Harmonies also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

Much of the content of Hidden Harmonies is provided by and is the responsibility of the person or people who made such postings. Hidden Harmonies takes no responsibility for such content.

By their very nature, a blog such as Hidden Harmonies may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using the “Service.”

3. Privacy. Hidden Harmonies collects only an email address to create an account. The email address is used to facilitate communication between Hidden Harmonies and you. Outside of that, since we run a WordPress site, we may collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request (see WordPress privacy policy).  Regarding your email address information, we agree not sell or provide any such information to third parties unless required to do so in order to comply with valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order).

4. General Practices Regarding Use and Storage. You agree that Hidden Harmonies has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Hidden Harmonies retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service. Hidden Harmonies takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Hidden Harmonies have any obligation to monitor such third-party content. Hidden Harmonies reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.

6. Intellectual Property Rights. Hidden Harmonies claims no ownership or control over any Content submitted, posted or displayed by you. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display and are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on Hidden Harmonies – which are intended to be available to the members of the public – you grant Hidden Harmonies (including its sibling(s) or successor(s)) a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content for the purpose of displaying and distributing content in openly public Internet forums or archives. Hidden Harmonies furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

You may choose to submit, post, and display any materials under a public license (e.g. a Creative Commons license), such as by manually marking your materials as such. But for clarifications, Hidden Harmonies is not a party to any such public license between you and any third party. As an additional clarifications, Hidden Harmonies may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.

7. Termination; Suspension. Hidden Harmonies may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination of service or account, you may be unable to publish additional posts or comments. In those cases, this agreement shall continue to be in force for content you had previously published under this Agreement.

8. Indemnification. You agree to hold harmless and indemnify Hidden Harmonies, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Hidden Harmonies will provide you with written notice of such claim, suit or action.

9. Waiver and Severability of Terms. The failure of Hidden Harmonies to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

10. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California. Any claims, legal proceeding or litigation arising in connection with the Service must be brought in Santa Clara County, California, and you consent to the jurisdiction of such courts.

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