Terms of Service
Last updated: March 10, 2022
Our Terms of Service have been updated as of the date set forth above.
These Terms of Service (individually and together with the Community Guidelines, "Terms" or "Agreement") are between Harmony Network Group Limited (“Sing Sharp," "we," "our," "us") and you, an individual user ("you," "your," "yours"), and govern your use of Sing Sharp’s website or mobile software applications that have been made available on the Sing Sharp website or for download (each, an "App,", and together, the Apps) and any related websites or other online properties owned or controlled by Sing Sharp to which these Terms are linked (together with the Apps, the “Service”).
1. INTRODUCTION AND OVERVIEW
These Terms constitute a legally binding contract between you and Sing Sharp. You agree that by clicking on one of the "Account Creation Options" (Facebook, Phone Number, Email, Twitter, Google, Guest) or any other account creation options that may be provided by Sing Sharp from time to time, registering to use, accessing or using the Apps or the Service, you are agreeing to enter into a legally binding contract with Sing Sharp. Read these Terms carefully. They govern your use of the Service and include legal provisions that limit our liability. By installing the App or otherwise using any portions of the Service, you agree that you have read, understood, and agree to be bound by these Terms. Notice regarding arbitration and dispute resolution: YOU AND SING SHARP AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND Sing Sharp WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 21.i. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 21.i BELOW. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.
2. ELIGIBILITY TO USE THE SERVICE
TO USE THE SERVICE, YOU MUST BE AT LEAST 13 YEARS OF AGE OR BE OF SUFFICIENT LEGAL AGE OR OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THESE TERMS. IF YOU ARE UNDER 13 YEARS OF AGE, ARE NOT OF SUFFICIENT LEGAL AGE OR DO NOT OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
By registering an account with Sing Sharp, you represent and warrant that (1) you are at least 13 years old if you reside in the United States, are at least 16 years old if you reside in the European Economic Area, or are such older age as prescribed by the law of the place where you live; (2) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms; (3) you will comply with these Terms; (4) your use of the Service does not violate any applicable laws or regulations; (5) you are not a convicted sex offender; and (6) you have not been previously suspended or removed from the Service by Sing Sharp.
3. CHANGES TO THESE TERMS
We may change these Terms from time to time. We will notify you of material changes to these Terms by posting on the Service before the effective date of the changes. If you are a registered member of the Service, we will notify you by email before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms take effect.
BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.
4. CHANGES TO THE SERVICE
We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to an applicable change for any reason, your sole remedy is to stop using the Service.
6. YOUR USE OF THE SERVICE
Sing Sharp provides you with access to the Service free of charge, but to enjoy the full benefits of the Service and certain features or functionality, you must purchase subscription-based access to the Service.
In return for enjoying free or subscription-based access to the Service, you acknowledge and agree that Sing Sharp may generate revenues, increase goodwill, or otherwise increase the value of Sing Sharp based on your use of the Service, and you will have no right to share in this revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from Sing Sharp with respect to any of your User Content (defined in Section 11.a below).
If you purchase one or more subscriptions or sign up for one or more trial subscriptions to the Service, then the following terms apply:
Auto-Renewal. YOU AGREE THAT, ONCE YOUR SUBSCRIPTION PERIOD EXPIRES, YOUR SUBSCRIPTION(S) WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS EQUAL IN LENGTH TO THE IMMEDIATELY PRECEDING SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION(S).
Recurring Charges. If you register for a paid subscription, YOU AUTHORIZE SING SHARP'S APPLICABLE SERVICE PROVIDER TO PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION(S). SUBSCRIPTION PRICES WILL BE provided TO YOU AT THE TIME OF PURCHASE. YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN(S) (OR THE MOST SIMILAR SUBSCRIPTION PLAN(S), IF YOUR PRIOR PLAN(S) ARE NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. YOUR PAYMENTS WILL BE PROCESSED FOR ANY RENEWAL SUBSCRIPTION(S) USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION(S). IN OTHER WORDS, ON WHICHEVER DAY YOUR PAYMENT IS PROCESSED FOR YOUR CURRENT SUBSCRIPTION(S), YOUR PAYMENT WILL CONTINUE TO BE PROCESSED ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION(S). ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. However, if you do not agree to an applicable change in fees, you may cancel your account at any time in accordance with Section 7(c) below. Sing Sharp MAY also PARTNER WITH CERTAIN MOBILE CARRIERS TO OFFER YOU A SPECIAL DISCOUNT FOR THE SERVICE AND THE TERMS OF THE PAYMENT WILL BE SUBJECT TO the applicable OFFER.
Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION(S) AT ANY TIME (1) THROUGH GOOGLE PLAY (IF YOU MANAGE YOUR Sing Sharp SUBSCRIPTION THROUGH AN ANDROID DEVICE); (2) THROUGH APPLE ITUNES (IF YOU MANAGE YOUR Sing Sharp SUBSCRIPTION THROUGH AN IOS-BASED DEVICE). IF YOU REQUIRE FURTHER ASSISTANCE, YOU MAY CONTACT SING SHARP AT https://www.singsharp.com/contactus. SING SHARP HAS NO OBLIGATION TO OFFER OR PROVIDE ANY REFUND FOR THE CANCELLATION OF ANY SUBSCRIPTION, BUT YOU CAN CONTINUE TO USE THE SUBSCRIPTION SERVICE UNTIL THE END OF THE SUBSCRIPTION PERIOD THAT YOU PAID FOR.
SING SHARP IS LOCATED IN HONG KONG SPECIAL ADMINISTRATIVE REGION AND AS SUCH IS NOT SUBJECT TO DIRECTIVE 2011/83/EU. NOTWITHSTANDING THE FOREGOING, IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA, YOU ACKNOWLEDGE THAT THE SERVICE ENTAILS THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM. BY PURCHASING A SUBSCRIPTION YOU CONSENT TO SING SHARP IMMEDIATELY STARTING THE PERFORMANCE OF THE SERVICE BY GRANTING YOU ACCESS TO YOUR ACCOUNT. YOU ACKNOWLEDGE THAT AS A RESULT YOU DO NOT ENJOY ANY RIGHT OF WITHDRAWAL UNDER DIRECTIVE 2011/83/EU.
7. YOUR ACCOUNT
While you may always browse any public-facing portions of the Service without registering with Sing Sharp, to enjoy more convenient and functional Service, you are recommended to download the App and register an account with Sing Sharp ("Account").
You are fully responsible for all activities that occur through your Account, so you should keep it secure. You agree to notify Sing Sharp Support if you suspect or know of any unauthorized use of your Account or any other breach of security with respect to your Account. Sing Sharp will not be liable for any loss or damage arising from unauthorized use of your Account.
Accuracy of Information
When creating an Account, you must provide true, accurate, current, and complete information as Sing Sharp requests. If there are any changes to the information you provide in connection with your Account, you must update the applicable information promptly, and as necessary to keep it current and accurate. You represent to Sing Sharp that the information provided upon the creation of your Account is accurate and that any email address you provide is an email address controlled by you.
8. SING SHARPS’ MANAGEMENT OF THE SERVICE; USER MISCONDUCT
Sing Sharp reserves the right, but does not undertake the obligation, to (a) disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by Sing Sharp in its sole discretion, (b) with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in Sing Sharp's sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Service, infringe or violate any third-party rights, damage Sing Sharp's reputation, or violate any applicable laws or regulations, (c) monitor or review the Service for violations of these Terms and for compliance with our policies, (d) report to law enforcement authorities and/or take legal action against anyone who violates these Terms, (e) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof, and/or (f) manage the Service in a manner designed to protect our, our members, and third parties’ rights and property or to facilitate the proper functioning of the Service. Sing Sharp may terminate your Account immediately without notice to you and without any liability to you or any third party.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.
9. SING SHARP CONTENT AND RIGHTS GRANTED TO YOU
Subject to your complete and ongoing compliance with these Terms, Sing Sharp grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to use the Service. Pursuant to this license, you may: (i) download, access, and use an object code version of the Apps on any device that you own or control; and (ii) access and use the Service, solely for your personal, non-commercial use.
b. Sing Sharp Content
Except for User Content (as defined in Section 11.a below), the content that Sing Sharp provides to Users on or through the Service, including, without limitation, any sound recordings (and the musical works embodied therein), video, text, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by Sing Sharp or its third-party licensors (collectively, "Sing Sharp Content"). Sing Sharp Content is exclusively for use as part of the Service and may not be exported outside of the Service, except as explicitly permitted and endorsed by Sing Sharp. Any attempt to circumvent this provision is a violation of these Terms. Sing Sharp also solely owns all design rights, databases and compilations, and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
c. Sing Sharp Marks
The Sing Sharp trademarks, service marks, and logos (collectively, the "Sing Sharp Trademarks") used and displayed on the Service are Sing Sharp’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Service may be trademarks or service marks owned by third parties (collectively with the Sing Sharp Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks for any purpose, and expressly agree not to use the Trademarks to disparage Sing Sharp or an applicable third party, or in any manner that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without Sing Sharp’s prior express written consent. All goodwill generated from the use of any Sing Sharp Trademark will inure solely to Sing Sharp’s benefit.
d. Reservation of Rights
Sing Sharp hereby reserves all rights not expressly granted to you in this Section 9. Nothing in these Terms or on the Service will be construed as granting to you additional license rights in and to the Service or any Sing Sharp Content or Trademarks.
10. USER CONTENT AND RIGHTS YOU GRANT TO SING SHARP
"User Content" means any content that you or other Users create, upload, post, or transmit to or through the Service (collectively, "Post") including, without limitation, photographs, text, sound recordings, musical works, or audiovisual works, and any other works subject to protection under the laws of the United States or any other jurisdiction, including, without limitation, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any and all Sing Sharp Content. You may use and enjoy User Content with its various functionalities, subject to these Terms.
Ownership. SUBJECT TO ANY THIRD-PARTY RIGHTS IN ANY PREEXISTING CONTENT THAT IS A PART OF YOUR USER CONTENT AND SUBJECT TO THE LICENSE YOU GRANT TO SING SHARP, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT, AND USAGE OF YOUR USER CONTENT BY SING SHARP DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
No Liability. For the avoidance of doubt, Sing Sharp will not be liable for any use or misuse of User Content by any User
11. EXTERNAL SITES
Although the Service may contain links to or the ability to share information with third-party websites ("External Sites"), Sing Sharp does not endorse any External Sites. Sing Sharp is also not responsible for the content of any External Sites and does not make any representations regarding the content on applicable External Sites. All External Sites are developed and provided by others. The External Sites may have their own terms of service and privacy policies, and your use of those External Sites will be governed by and subject to applicable terms of service and privacy policies. You should contact the site administrator or webmaster for those External Sites if you have any questions or concerns regarding any content located on applicable External Sites or the terms governing your use of applicable External Sites.
If you decide to access any External Sites, purchase any content from External Sites, or subscribe to services offered by any External Sites, then you do so at your own risk. You agree that Sing Sharp will have no liability to you arising from your use or interaction with any External Sites
12. CONSENT TO COMMUNICATIONS
If you registered for the Service using your telephone number or have updated your account information to provide your telephone number to us, you acknowledge and agree that we may send you notifications via text (SMS) messages, including promotional text messages, at the telephone number associated with your account, until you notify us that you no longer wish to receive these messages by replying STOP to any text message you receive. You acknowledge that you are not required to consent to receive promotional text messages as a condition of using the Service.
THE FREQUENCY OF ELECTRONIC COMMUNICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) WILL VARY BASED ON THE KINDS OF NOTIFICATIONS YOU SIGN UP TO RECEIVE AND YOUR USE OF THE SERVICE. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE.
13. TERM AND TERMINATION
This Agreement, which commences upon your use of the Service, will continue to apply to you until terminated by either you or Sing Sharp.
Your termination of this Agreement will also constitute termination of your use of the Service. You may terminate this Agreement at any time by "Delete Account" option located in Profile/Account of the Service. Following termination, you will no longer be able to access your Account or your User Content. If you wish to delete any of your User Content from the Service, you can do so in the Service.
Sing Sharp may terminate this Agreement at any time with or without notice to you. Sing Sharp also reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Service at any time if you breach any provision of this Agreement or violate or infringe the copyrights or other rights of any third-party.
Sections 2, 6, 8.b, 9.b, 9.c, 9.d, 10, 13-25 and all defined terms used therein, shall survive any termination of these Terms indefinitely.
14. COINS AND VIRTUAL GOODS
The following terms apply to the extent permitted under law:
a. Coins. The Service may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use virtual coins or other virtual currency exclusively within the Service (“Coins”). This license is subject to your acceptance of this Agreement and any other applicable policies or agreements with Sing Sharp. Coins can only be used in connection with the Service as permitted by Sing Sharp and you may view your balance of Coins at any time in your account profile. Once redeemed, Coins will be deducted from your account balance and cannot be used again. You have no right to reverse a transaction once it is completed. In the event of any dispute, Sing Sharp shall have the final determination over the calculation of your Coin account balance. Sing Sharp may make certain features or functionality of the Service available that allow or require the redemption of Coins, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Coins may be redeemed. The cost to purchase Coins is determined by Sing Sharp in its sole discretion, including any discounts or promotions, and may be changed at any time. You agree that Sing Sharp has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Coins as it sees fit in its sole discretion, and that Sing Sharp will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in these Terms or any other terminology used, Coins have no monetary or “real world” value and can only be used with the Service. All purchases of Coins are final and non-refundable, and Coins may not be redeemed or exchanged for ”real” currency or any legal tender. Coins currently do not expire, but Sing Sharp reserves the right to revoke the licenses to them, at any time without notice. In other words, you may redeem Coins for as long as Sing Sharp chooses to make Coins redeemable through the Services, which Sing Sharp has no obligation to continue to do.
b. Virtual Goods. The Service may also offer you the ability to redeem Coins to obtain virtual goods, such as gifts that may be sent to other users (“Virtual Goods”). Similar to Coins, Virtual Goods are subject to a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license by Sing Sharp for you to use the Virtual Goods exclusively in connection with the Service. Virtual Goods are Sing Sharp Content and may not be reproduced, redistributed, or exported, and may only be used as permitted by Sing Sharp. The amount of Coins needed to obtain Virtual Goods will be displayed at the point of redemption. Sing Sharp may determine, in its sole discretion, what Virtual Goods may be available for redemption through the Service from time to time, and Sing Sharp may change the selection of Virtual Goods or discontinue a Virtual Good at any time without any liability to you based on its exercise of these rights.
c. Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you in connection with the Coins or Virtual Goods. Unless authorized in the Service, Sing Sharp prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the “real world” of any Coins or Virtual Goods to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless Sing Sharp expressly pre-approves the applicable event in writing. Coins and Virtual Goods are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Article constitutes a material breach of Sing Sharp’s Terms and may result in the termination of your ability to access the Service. Sing Sharp may revise the pricing for Coins or Virtual Goods, or any other items offered through the Services, at any time. If your Account is terminated for any reason, including due to a violation of our Terms and / or Community Guidelines, then your license to any Coins or Virtual Goods will automatically terminate and you will lose access to applicable Coins and Virtual Goods permanently. Sing Sharp also reserves the right to terminate your Account if your Account has been inactive for 180 days. If Sing Sharp reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Coins or Virtual Goods, Sing Sharp reserves the right to restrict your access to and use of Coins, Virtual Goods or the Service. If you violate this Section, then other than the termination rights already mentioned, Sing Sharp may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that Sing Sharp incurs in connection with the violation.
YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE COINS OR VIRTUAL GOODS, SING SHARP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED COINS OR VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER THE APPLICABLE CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
Sing Sharp respects the intellectual property of others and takes the protection of intellectual property very seriously. If you think content on the Service infringes your rights, please notify us here.
16. MOBILE SERVICES
The Service will 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.
17. WARRANTY DISCLAIMER
We make no promises, representations, warranties, or guarantees that the Service will operate as intended. Errors or other interruptions may cause the Service to not function as intended. By using the Service, you understand and accept this risk.
NEITHER SING SHARP NOR ITS AFFILIATES (COLLECTIVELY, "SING SHARP") MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. SING SHARP WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
SING SHARP DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO SING SHARP PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY,
TO THE FULLEST EXTENT PERMITTED BY LAW SING SHARP DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW:
SING SHARP, OUR LICENSORS, OUR LICENSEES, AND OUR SERVICE PROVIDERS (COLLECTIVELY, "SING SHARP PARTIES") SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
SING SHARP’S LIABILITY, AND THE LIABILITY OF ANY OTHER SING SHARP PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF U.S. $100 OR THE TOTAL AMOUNT YOU HAVE PAID SING SHARP FOR SUBSCRIPTION-BASED ACCESS TO THE SERVICE AS OF THE DATE OF THE APPLICABLE CLAIM
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND THE APPLICABLE THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE SING SHARP PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
19. GOVERNING LAW
This Agreement is governed by the substantive laws of Hong Kong Special Administrative Region. If you are a consumer who lives in the EU, this Section 20 is without prejudice to any rights you may have under mandatory law which cannot be varied by contractual choice of law.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold Sing Sharp harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; (b) your access to, use, or misuse of Sing Sharp Content or the Service; or (c) your User Content. You will not be required to indemnify and hold us harmless from and against any applicable claims or demands to the extent resulting from Sing Sharp’s own negligent conduct.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of the applicable provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect
22. LOCAL LAWS
We control and operate the Service from Sing Sharp’s offices in the Hong Kong Special Administrative Region. Sing Sharp makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the Hong Kong Special Administrative Region. Those who choose to access or use the Service from locations outside the Hong Kong Special Administrative Region, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
23. NOTICE REGARDING APPLE
If you are using the Apps on an iOS-based device, you acknowledge that this Agreement is between you and Sing Sharp only, not with Apple, and Apple is not responsible for the Apps or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App 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 any App fails 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 any App or your possession and use of any App infringes 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: (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
a. Translations. If Sing Sharp provides a translation of the English language version of this Agreement, then the translation is provided solely for convenience, and the English version will prevail.
b. Independent Contractors. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sing Sharp as a result of this Agreement or your use of the Service.
c. Waiver. Failure of Sing Sharp to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against Sing Sharp unless made in writing, and no applicable waiver will be construed as a waiver in any other or subsequent instance.
d. Entire Agreement. Except as expressly agreed by Sing Sharp and you, these Terms constitute the entire agreement between you and Sing Sharp with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
e. Section Headings. The Section headings herein are provided merely for convenience and will not be given any legal import.
f. Assignment. This Agreement will inure to the benefit of Sing Sharp’s successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Sing Sharp. Sing Sharp may assign this Agreement, including all its rights hereunder, without restriction
25. CONTACT US
If you would like to contact Sing Sharp in connection with your use of the Service, you may reach out at Sing Sharp Support here.