Términos del servicio

TERMS & SERVICE

These are the terms of business which govern the contract between you and Harmely.com (hereafter “we”, “us” or “our”) for any products or services which you purchase from us, including the following (our “Products”), but not limited to all loops, samples, sounds, Instrumentals, Beats, Courses, tutorials, kits, drums, presets, midis, etc. (“Products”)

As long as you are subscribed at Harmely.com , depending on the subscription, there are no limits in terms of streaming numbers, videos, radio plays, performances etc. BUT you can't just take the beat as you get it without a considerable amount of changes and put it on the internet (or anywhere) for monetary gain (neither for personal use). You can't resell the beat in any way, shape or form. There have to be a considerable amount of things added to the beat for you to be able to use it for (monetary) use. You may for example record vocals on it, add a considerable amount of instruments to it (If you don't understand it exactly, you can send us an email HarmelyMail@gmail.com), etc. When you subscribe, you agree to these terms.

Just like in the Refunds Policy, we unfortunately can't refund digital products.

These terms should be read in conjunction with our website terms of use, product descriptions and our privacy policy.

Please note that all Digital Content is licensed to you and not sold.

All MIDI and WAV files in our kits are 100% owned by the creator. If a song you produced using these (products) gets placed with a major artist and or major label you are required to clear the usage of the loops with the creator. (See Below)

Upon purchase you are agreeing to these terms:

The copyright of Harmely.com’ products and all included sounds, samples, loops, MIDI files, sequencer projects, and/or audio demos, is retained by the creator, and is licensed to the purchaser (via paid download) for use in commercial and non-commercial music releases.

Only purchasers of this product/license from Harmely.com, or authorized distributors, have the legal right to use the contents in their own “original” musical releases and/or in advertisements, soundtracks, and television or film music productions.

Please note that all Digital Content is licensed to you and not sold.

The purchaser of this product/license may use the contents in their own commercial and noncommercial compositions/releases with no additional costs, provided their name (or band/artist name) appears in the “credits” for that release and the creator of the product/license receives a negotiated publishing royalty however if the “sound design” is used in a Major Commercial Release the creator retains rights to ownership in the composition and master recording. “Major Commercial Release” as used herein shall be a master recording released and/or distributed by a record label or company: (i) which is a parent or subsidiary of, and/or is affiliated with (i.e., shares common ownership with), one of the “major” distributors in the United States (which distributors are presently Sony, Universal and the Warner Music Group), (ii) which is a parent or subsidiary of, and/or is affiliated with, one of the so-called “indie” distributors which provide national distribution (which “indie” distributors presently include, without limitation, Caroline, InGrooves, The Orchard, RED, ADA and E1), and/or (iii) whose records are distributed by any such “major” or “indie” record label, company or distribution company.

The contents of this product may not be used (wholly or partly) in the creation of any competitive product; including but not necessarily limited to; Sample Packs, Sample CDs, Sample DVDs, Virtual Instruments, Expansion Packs, Production Music, Library Music, Subscription Services, App Contents (Mobile or otherwise), or in any other collection or service, in any format, or in any product that would involve the re-licensing of Harmely.com’ product copyrights, without our permission.

The contents of this product are not to be used “isolated” in your musical works. They must be used within the context of a musical piece mixed with additional parts.

You may not re-sell this collection or transfer it to a third-party, as a purchased license is a single-user license and non-transferable.

All copying, lending, duplicating, re-selling, renting, uploading, file sharing or unauthorized trading of this content (or any part of this content) is prohibited by international copyright law. Harmely.com and content creators will not hesitate to take legal action against any person(s), company or individual(s) who fail to adhere to the terms of this legal agreement. If you have any questions about this license or you wish to report an individual who has flouted the terms of this agreement, then please contact us.

Unless otherwise stated in the individual terms of a loop, sample, sound, tutorial, kit, drum, preset, midi, etc, Harmely.com shall not be deemed the owner of any such Intellectual Property. Harmely.com serves as a marketplace with a temporary proprietary interest in content placed for sell on its website. Content creators and sound designers are solely and fully responsible for the intellectual property rights of any loop, sample, sound, tutorial, kit, drum, preset, midi, etc that is for sale on Harmely.com. Any claim of infringement or copying shall be initiated against the rightful content creators and sound designers as User hereby acknowledges Harmely.com shall not be held liable for others intellectual property.

This Site is intended only for the purposes specified on the Site. Use of the Site and/or the Content is entirely at your own risk. All Content is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law and is not intended as specific commercial or legal advice. Specifically, Harmely.com does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Harmely.com recommends that you activate a virus scan on downloaded files and that you keep a backup copy of your hard drive contents at all times.
Any personal information provided by you will be treated with appropriate care and security in accordance with our Privacy Policy. You must be register with the Site before you purchase or download any products. To register with the Site, you must agree to the terms of the Privacy Policy, agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User.
The Site may display or refer to links to other websites from time to time. Harmely.com : (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk. Any other website may link to our Site, provided it links only to the homepage, does not imply any endorsement of its products or services by Harmely.com, does not misrepresent its relationship with or present false information about Harmely.com, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Harmely.com reserves the right to withdraw such permission at any time and to take any other appropriate action.
You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Harmely.com. Harmely.com will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Harmely.com or any other parties through User’s use of the Site or services provided via the Site. Harmely.com reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
If you believe that you are the owner of the copyright or other rights in any material(s) appearing on Harmely.com, and/or that ownership of the copyright or other rights in any material has been incorrectly used or represented on Harmely.com, please contact us via email or by post at the address written above.
The brands, products and service names used in this Site (including without limitation, “Harmely.com”) are the trademarks or trade names of Harmely.com or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Harmely.com.
User agrees that the liability of Harmely.com to User under this Agreement shall be limited to the amount User has actually paid to Harmely.com for its services. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Harmely.com.
User agrees to indemnify Harmely.com for any loss or damage that may be incurred by Harmely.com, including without limitation legal fees, arising from User’s use of the Site or User’s use of any information obtained through the Site.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice.
All loops, samples, sounds, tutorials and other products purchased from or through Harmely.com (“Products”) are for your own personal use only and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. The contract between you and Harmely.com for the purchase of Products is formed in each case only when we accept your payment and make such Products(s) available for you to download and/or delivery. Due to unavoidable technical limitations, you agree that the number of individual sounds within a product description and the size of the downloaded file is based upon the highest-quality “.wav” format version of the relevant Product. In every case, Harmely.com will provide as many files as possible regardless of the overall size of the pack.
All Products (including audio packs, sample packs, sound libraries, samples libraries and other sound suites) are sold subject to the terms of the license for use granted by us (“User License”). The User License grants you the right to use and integrate the purchased loops and/or samples within your original mixed music productions. You agree and acknowledge that Harmely.com and/or the original content creator has a proprietary interest in all sound recordings on or within the Site and that any use by you that frustrates the purpose of this Agreement or circumvents the revenue model of Harmely.com (including without limitation selling, renting, or otherwise using or distributing un-integrated Content) would likely cause irreparable loss to Harmely.com in a way that could not be adequately compensated by damages.
You may pay for any purchased items using any of our approved debit or credit cards or one of our approved e-money providers. All prices are stated in GBP and are valid until altered by Harmely.com by posting new or varied prices on the Site. You agree and acknowledge that currency rates change daily and that any exchange rate quoted on the Site is merely a representation of a recent currency rate and that you will be charged according to the actual rate at the applicable time.
Harmely.com cannot be held responsible for damage to any equipment, hardware or software arising from the use of any sounds or any type of data files downloaded from the Harmely.com web site. Harmely.com cannot be held responsible for any such injury or damage resulting from sounds downloaded from the Harmely.com web site.
Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
Refund Policy. As our products are downloadable, we are unable to provide customers with refunds unless there is a proven fault with the product. Please make sure when you are making a purchase that it is what you want, as mistakes cannot be seen as a reason for refunds.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

MORE TOS

Welcome to Harmely.com!
We are revolutionizing the way rappers and singers lease beats and create tomorrow's music.

Acceptance of Terms

These Terms of Service apply to all visitors and users of the Harmely website (the "Website"), including members who have paid the annual membership fee. By visiting and using the Harmely Website you signify your assent to both these Terms of Service and the Harmely Privacy Policy.

Children under the age of 13 are not permitted to use Harmely and no part of the Website is directed to children under the age of 13. If you are under the age of 13 please do not use this Website.

If you download any beats from Harmely, either from the website or via the emails that we sent to you, you also do so under the terms of the Harmely License. If you do not agree with any of these terms you are not permitted to visit or use the Website, purchase any Subscription(s), and/or use any of the our beats in any way.

User Accounts & Submissions

In order to access various features of the Website, or download our beats, you will have to create an account. You may never use another's account without Harmely's permission. When creating your account, you must provide accurate, up to date, and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password(s), billing information, and username(s) secure. You must notify Harmely immediately of any breach of security or unauthorized use of your account(s). Although Harmely will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Harmely or others due to any unauthorized uses and/or activity on your accounts.

You agree we may verify your identity at any time during or after your use of our Website. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If: (1) you do not provide any requested information, as prompted, and/or (2) Harmely can't verify your identity, then you agree that Harmely may refuse to allow access to our Website and Work.

Our Beats

We offer many varieties of beats for our users to access, download, and use. We are always expanding our library and attempt to provide you with new options and styles. However, we may remove various beats from our Website at various times in our sole discretion. We send the amount of beats to you via email every month, as long as you're subscribed, according to your subscription.

If you download any beats from Harmely (either via the website or via the email we sent to you), you also do so under the terms of the Harmely License, which we will provide you upon downloading any Beat(s). If you do not agree with any of these terms you are not permitted to visit or use the Website, purchase any Subscription(s), and/or use any of our Beats in any way.

Billing and Subscriptions

If you choose to purchase a subscription to the Website, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. If you choose to subscribe to one of our subscription plans (currently an annual or monthly membership), your credit card or PayPal account will be charged based on the cost of the service as then set forth on the Website from time to time. Your credit card information will be securely encrypted and stored only by our partner companies (never by us). Your charge will be authorized and charged at the time you order. Your charge will be authorized and charged at the time you order. Harmely reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected users of any such changes. You agree to promptly provide Harmely with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, and credit card expiration date.

If you subscribe to either our monthly or our annual subscription plan, you will be charged a monthly or annual subscription fee, which is listed on our Website. The Subscription Fees will be billed on a monthly or an annual basis depending upon which option you choose. We may offer various other subscription plans at various times, which will be listed and described on our Website.

The Subscription Fee will automatically renew monthly or annually. YOU AGREE THAT WE MAY AUTOMATICALLY RENEW YOUR SUBCRIPTION AND CHARGE YOU ON EACH BILLING CYCLE ACCORDING TO YOUR CHOSEN SUBSRIPTION PLAN (MONTHLY OR ANNUALLY). THE RENEWAL RATE YOU WILL BE CHARGED MAY INCREASE OR DECREASE FROM TIME TO TIME BASED ON OUR PRICING POLICY OR BONA FIDE BUSINESS REASONS. We may additionally require that you opt-in before it renews. Under various jurisdictions, you may request to cancel your monthly or annual subscription by emailing us at HarmelyMail@gmail.com

It's alright to cancel your Subscription at any time. If you cancel your Subscription after you have been billed for your specific Subscription's current billing cycle, then that Subscription Fee will not be refunded to you. However, you will still have access to the Subscription Content until the end of your specific Subscription's billing cycle. All sales are final and there are no refunds issued.

Restricted Activities

You are prohibited from any use of the Website or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the Website shall not: (1) be false, inaccurate or misleading; (2) be fraudulent; (3) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) violate any law, statute, ordinance or regulation; (5) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Website; and (6) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Website content without the prior expressed permission of Harmely. You may not consummate any transaction on the Website, or that was initiated using our service, that could cause us to violate any applicable law, statute, ordinance, and/or regulation.

You agree we may verify your identity at any time during or after your use of our Website. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, proof of address (such as utility bills), phone number, and/or requiring you to take steps to confirm ownership of your email address or financial instruments (such as credit card), or verifying information you provide against third party databases or through other sources.

If: (1) you do not provide any requested information, as prompted, and/or (2) Harmely can't verify your identity, then you agree that Harmely may refuse to allow access to our Website and beats without a refund.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or any other kind of software, that accesses the Website in a manner that sends more request messages to the Harmely servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Harmely reserves the right to block any user when there is a serious indication of abuse of the library with a permanent ban without refund and without right of dispute from the user. Harmely may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Harmely Content at any time at Harmely's discretion, without prior notice or liability to you. Any conduct by you that, at Harmely's sole discretion, is deemed abusive to our site's policies is strictly prohibited and may result in the termination of your access to the Site without further notice.

Notwithstanding the foregoing, Harmely grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Harmely reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

Copyright Infringement

Harmely does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Harmely will remove content if properly notified that such content infringes on another's intellectual property rights. Harmely reserves the right to remove content without prior notice. Harmely will also terminate a user's access to its Website, if they are determined to be in breach of the License.

Geographical Access / Restrictions

Harmely does not provide its platforms, services, and/or Lyrics Tool in every country. For example, we do not offer our services in countries under international sanction(s), or otherwise prohibited by our Third-Party Suppliers. If you are accessing our Platform, Services, and/or Lyrics Tool from any such country(ies) that are prohibited, you will not be able to use our Platform, Services, and/or Lyrics Tool. You agree to not circumvent such restriction(s) in any manner (including by using a VPN).

We may update and/or change the list of countries where our Platform, Services, and/or Lyrics Tool are available from time to time in our sole discretion.

Report a Beat

If you are a copyright owner or an agent thereof and believe that any content on our Website infringes upon your copyright rights, you may submit a notification through the Harmely Website (or via email to: HarmelyMail@gmail.com) with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the 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 to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Warranty Disclaimer

You agree that your use of the Harmely Website shall be at your sole risk. To the fullest extent permitted by law, Harmely, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with beats of the Website, the Website itself and your use thereof. Harmely makes no warranties or representations about the accuracy or completeness of the Websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury, or property loss and/or damage, of any nature whatsoever, resulting from your access to and use of our Website (including, but not limited to, loss of data), (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our Website, (3) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, (5) the success of any musical composition and/or creative work that includes any of our beats, and/or (6) 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 posted, emailed, transmitted, or otherwise made available via the Harmely Website. Harmely does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Harmely Website or any hyperlinked Website or featured in any banner or other advertising, and Harmely 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. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Furthermore, To the fullest extent permitted by law, the Lyrics are provided "as i" and on an “as available” basis and EXCEPT TO THE EXTENT PROHIBITED BY LAW WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE LYRICS TOOL AND/OR THE LYRICS INCLUDING: (A) ANY IMPLIED WARRANTY(IES) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND/OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CREATION AND USE OF ANY LYRICS AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS FOR YOUR CREATION AND/OR USE OF THE LYRICS (INCLUDING, BUT NOT LIMITED TO, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT). You acknowledge and agree that we are not liable, and you will not hold us liable, for the conduct of third parties, including by owners of any other lyrics and/or creative works that any generated Lyrics using the Lyrics Tool may conflict with.

You further agree to indemnify other Users of the Lyrics Tool harmless from copyright infringement for “substantially similar”, similar, and/or the same Lyrics that are generated by the Lyrics Tool.

You agree that the risk of injury from such third-parties rests entirely with you. You understand that we do not make any attempt to verify your lyrics are not “substantially similar” to other existing lyrics and/or creative works. We make no warranty that any Lyrics(s) will meet your requirements and/or not infringe on any third party's rights as generated by the Lyrics Tool. We make no warranty regarding the quality of the Lyrics.

Limitation of Liability

THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARMELY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF HARMELY AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HARMELY AND YOU. HARMELY AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE, THE MATERIALS AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, HARMELY'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.

Indemnity

You agree to defend, indemnify and hold harmless Harmely, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Harmely Website;
Your violation of any term of these Terms of Service, the Privacy Policy, and/or the License; and/or
Your violation of any third party right, including without limitation any copyright, property, or privacy right. This Section and indemnification obligation will survive these Terms of Service and your use of the Harmely Website.

ELECTRONIC COMMUNICATIONS

A. Emails.

We may (1) provide you with a way to contact us through the Website and/or email, and/or (2) request that you give us your email address before, during, or after any registration process, so that we may communicate electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. All electronic communications will be received or otherwise recorded by Harmely, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by Harmely.

B. Recording.

In connection with your use of the Website, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and Harmely, its suppliers, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by Harmely and its suppliers of any and all information and data contained in (1) any communication with Harmely and its suppliers, and (2) any information input posted on or through the Website.

Miscellaneous Provisions

You agree that: (1) the Harmely Website shall be deemed solely based in Cyprus; and (2) the Harmely Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Harmely, either specific or general, in jurisdictions other than Cyprus. These Terms of Service shall be governed by the internal substantive laws of Cyprus, without respect to its conflict of laws principles. Any claim or dispute between you and Harmely that arises in whole or in part from the Harmely Website shall be decided exclusively by a court of competent jurisdiction located in Cyprus. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Harmely without restriction. These Terms of Service, together with the Privacy Notice at Harmely.com the Harmely Licence at Harmely.com and any other legal notices published by Harmely on the Website, shall constitute the entire agreement between you and Harmely concerning the Harmely Website. If any provision of these 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 these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Harmely's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Harmely reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Harmely Website following any update, amendment, and/or change to these Terms of Service will signify your assent to and acceptance of its revised terms.

You and Harmely agree that any cause of action arising out of or related to the Harmely Website must commence within one (1) year after the cause of action accrues. Any cause of action arising from and/or related to these Terms of Service will be governed by Cyprus law.

Any dispute, controversy or claim arising out of or relating to these Terms of Services, or the breach, termination, and/or invalidity thereof, shall be settled by arbitration in accordance with the CAMC Arbitration Rules. The appointing authority shall be the Cyprus Arbitration and Mediation Centre. The number of arbitrators shall be one (1) in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The place of arbitration shall be Nicosia, Cyprus. The language to be used in the arbitral proceedings shall be English.

You may contact us for support any support questions and/or issues related to these Terms of Service by email at HarmelyMail@gmail.com. Please allow us some time to respond, and we will get back to you as soon as we could!

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