1. Acceptance of Terms
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By using or visiting a HARMONY MANAGEMENT LTD. website
(the "Website"), you agree to these terms and conditions
(the "Terms").
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HARMONY MANAGEMENT LTD. may, in its sole discretion,
revise these Terms at any time without advance notice to
you. You are bound by such revisions by continuing to use
or visit the Website after they are posted online.
2. HARMONY MANAGEMENT LTD. Website
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These Terms apply to all users of the Website, including
users who contribute content to the Website. The Website
may contain interactive areas designed to allow you to
post content on the Website and/or comment, including by
commenting on our blogs. The use of these features is
additionally governed by the Code of Conduct.
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The Website may contain links to third party websites
that are not owned or controlled by HARMONY MANAGEMENT
LTD.. The links to the third party websites are provided
for your convenience, and the inclusion of the links does
not imply approval or endorsement of the third party
websites by HARMONY MANAGEMENT LTD.. HARMONY MANAGEMENT
LTD. has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any
third party websites.
3. User Accounts
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To access some features of the Website, you may have to
register for a HARMONY MANAGEMENT LTD. user account. When
registering for your user account, you must provide
accurate and complete information. You are solely
responsible for the activity that occurs on your user
account, and you must keep your account password secure.
You must notify HARMONY MANAGEMENT LTD. immediately of
any breach of security or unauthorized use of your user
account.
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Although HARMONY MANAGEMENT LTD. will not be liable for
your losses caused by any unauthorized use of your user
account, you may be liable for the losses of HARMONY
MANAGEMENT LTD. or others due to such unauthorized use.
4. Ownership of Website Content
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As between you and HARMONY MANAGEMENT LTD., HARMONY
MANAGEMENT LTD. owns all intellectual property rights,
including without limitation copyright and trade-mark
rights, in all materials on or comprising the Website
(“Content”), including, without limitation, all written,
audio visual or other materials and graphical elements
on the Website, but excluding User Content (defined
below in Section 5(a)). HARMONY MANAGEMENT LTD. grants
you a limited license to use, download, print, or
reproduce in whole or in part, the Content on this
Website, subject to the following conditions:
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they must be used or reproduced accurately,
without any modification;
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they must identify HARMONY MANAGEMENT LTD. as
the source;
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they must be used solely for non-commercial
purposes; and
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a copyright notice must appear on every copy in
the following form:
“© Canadian Internet Registration Authority.
All rights reserved”.
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HARMONY MANAGEMENT LTD.’s express, prior, written
permission is required for any Content that is not
included in the license above, such as any graphical
elements or website code, and/or for the use of Content
for any purpose not expressly permitted above, such as
for any commercial purpose whatsoever.
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The HARMONY MANAGEMENT LTD. logos are trade-marks of
HARMONY MANAGEMENT LTD., and may not be used without the
express written permission of HARMONY MANAGEMENT LTD..
5. User Content; Privacy
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You may be able to post or upload (in designated areas
of the Website) written content or other content
(collectively "User Content") to the Website.
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You are solely responsible for your own User Content
and the consequences of posting or publishing it.
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By accessing and/or using the Website, you may provide
us with personal information as described in our Privacy
Policy. You acknowledge that you have read and understood
our Privacy Policy, which governs the collection, use,
storage and disclosure of such personal information.
6. DISCLAIMER
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE
WEBSITE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, OR NON-INFRINGEMENT. HARMONY MANAGEMENT LTD. DOES NOT
WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, HARMONY MANAGEMENT LTD. DOES
NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE
ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS
OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
HARMONY MANAGEMENT LTD. MAY MAKE CHANGES OR IMPROVEMENTS TO
THE CONTENT OR THE WEBSITE AT ANY TIME. HARMONY MANAGEMENT
LTD. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL
NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
7. LIMITATION OF LIABILITY
HARMONY MANAGEMENT LTD., ITS EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE
OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR
OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR
(V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF
LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE
TO THE DAMAGES, AND EVEN IF HARMONY MANAGEMENT LTD. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HARMONY MANAGEMENT LTD.,
ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE
LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM
OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HARMONY
MANAGEMENT LTD., ITS EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,
OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT,
ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR
USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF
ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY
COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM
THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT
OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE
THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE,
HARMONY MANAGEMENT LTD. WILL PROVIDE YOU WITH WRITTEN
NOTICE OF SUCH CLAIM, SUIT OR ACTION.
9. Miscellaneous
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You affirm that you are either more than 18 years of
age, or possess parental or guardian consent to agree
to these Terms and access and use the Website, and are
otherwise fully able and competent to enter into the
terms, conditions, obligations, affirmations,
representations, and warranties set forth in these
Terms, and to abide by and comply with these Terms.
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These Terms will be governed by and construed in
accordance with the laws of the Province of Ontario,
Canada, without giving effect to its conflict of laws
provisions. You agree to submit to the personal and
exclusive jurisdiction of the courts located in the
Province of Ontario, Canada. The Website is physically
maintained and operated by HARMONY MANAGEMENT LTD. from
the Province of Ontario.
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You may not assign these Terms or assign any rights or
delegate any obligations under these Terms, in whole or
in part, whether voluntarily or by operation of law,
without our prior written consent.
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These Terms constitute the entire agreement between you
and HARMONY MANAGEMENT LTD. with respect to the subject
matter and supersede and replace all prior or
contemporaneous understandings or agreements, written or
oral, regarding such subject matter. If for any reason a
court of competent jurisdiction finds any provision or
portion of the Terms to be unenforceable, the remaining
provisions of the Terms will continue in full force and
effect.
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In the event of any inconsistency between the English and
French versions of these Terms, the English version shall
govern.
Code of Conduct
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You may not use the HARMONY MANAGEMENT LTD. Website for
any illegal or unauthorized purpose. In addition to the
laws of the Province of Ontario, Canada, you also agree
to comply with all local laws that apply to your use of
the Website.
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You may not use the Website in any manner which could
disable, overburden, damage, or impair the Website,
HARMONY MANAGEMENT LTD.’s servers or computer network,
or interfere with any other party's use and enjoyment
of the Website.
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You agree that you are responsible for your own conduct
and communications while using the Website and for any
consequences of that use. By way of example, and not as
a limitation, you agree that when using the Website, you
will not:
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post or upload any inappropriate, promotional,
defamatory, destructive, obscene, or unlawful
content;
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defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
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post or upload any User Content that infringes
any patent, trademark, copyright, trade secret
or other intellectual property right of any party;
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impersonate another person, or falsify or delete
any author attributions, legal or other proper
notices or proprietary designations or labels of
the origin or source of any content;
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use the Website in connection with surveys,
contests, junk email, spamming or any duplicative
messages (commercial or otherwise);
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use any robot, spider, site search/retrieval
application, or other device to retrieve or
index any portion of the Website to collect
information about other users or domain names;
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upload files that contain bugs, viruses, trojan
horses, worms, or any other similar software or
programs that may damage the operation of the
computer or property of another; or
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submit User Content that falsely expresses or
implies that such User Content is sponsored or
endorsed by any party where it is not sponsored
or endorsed by such party.
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While HARMONY MANAGEMENT LTD. prohibits such conduct and
User Content in connection with the Website, you
understand and agree that nonetheless you may be exposed
to such conduct or User Content and that you use the
Website at your own risk.
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HARMONY MANAGEMENT LTD. reserves the right to monitor
use of this Website to determine compliance with these
Terms. Although HARMONY MANAGEMENT LTD. does not read,
review, vet or otherwise assess User Content in advance
of its posting, HARMONY MANAGEMENT LTD. reserves the
right to remove any User Content and/or terminate your
HARMONY MANAGEMENT LTD. User Account without notice for
breach or for any other reason.