Agreement Between User and AcousticSheep Harmony Project
Welcome to the AcousticSheep Harmony Project. The AcousticSheep Harmony Project (the "Application") is comprised of various applications operated by AcousticSheep LLC ("AcousticSheep"). The AcousticSheep Harmony Project is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the AcousticSheep Harmony Project constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The AcousticSheep Harmony Project is a software application
AcousticSheep sells patented headphones under the brands SleepPhones and RunPhones. Various accessories accompany the headphones and are sold as well. AcousticSheep created, maintains, and updates the software application AcousticSheep Harmony Project, which is interfaced through your mobile device.
Using the AcousticSheep Harmony Project, sending emails, filling out forms, or answering questions within or regarding the Application to AcousticSheep constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Application, satisfy any legal requirement that such communications be in writing.
AcousticSheep does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the AcousticSheep Harmony Project only with permission of a parent or guardian.
You may stop using the Application at any time. You can uninstall the Application from your device at any time. If you are using a paid version of the Application, our refund policy is consistent with the refund policy of the device Application store.
Links to Third Party Sites/Third party services
The AcousticSheep Harmony Project may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of AcousticSheep and AcousticSheep is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AcousticSheep is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AcousticSheep of the site or any association with its operators.
Certain services made available via AcousticSheep Harmony Project are delivered by third party sites and organizations. By using any product, service or functionality originating from the AcousticSheep Harmony Project, you hereby acknowledge and consent that AcousticSheep may share such information and data with any third party with whom AcousticSheep has a contractual relationship to provide the requested product, service or functionality on behalf of Application users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, audio, video, as well as the compilation thereof, and any software used on the Application, is the property of AcousticSheep or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Application. AcousticSheep content is not for resale. Your use of the Application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AcousticSheep and the copyright owner. Any commercial use of the content of the Application is expressly prohibited. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AcousticSheep or our licensors except as expressly authorized by these Terms.
No Medical Advice
All product and other information obtained through or presented on the Application is for informational purposes only. You should consult with a qualified healthcare professional for specific information about any personal care, healthcare or medical needs. The products provided through and the information provided on the Site are not intended to substitute in any manner for medical treatment, medical advice, or medical diagnosis by a doctor or other healthcare professional. You should not forego, change or stop any tests or treatments that have been prescribed or recommended by any of your healthcare provider(s) without first consulting with your healthcare provider(s). You should not rely on any product you receive through or any information you receive from the Application when making any personal care, healthcare or medical decision, including but not limited to any decisions about treatment, testing, diagnosis or follow up. IF YOU ARE, OR SUSPECT THAT YOU ARE EXPERIENCING A HEALTH EMERGENCY, PLEASE CALL 911.
Use of Communication Services
The Application may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
AcousticSheep has no obligation to monitor the Communication Services. However, AcousticSheep reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AcousticSheep reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
AcousticSheep reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AcousticSheep's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AcousticSheep does not control or endorse the content, messages or information found in any Communication Service and, therefore, AcousticSheep specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AcousticSheep spokespersons, and their views do not necessarily reflect those of AcousticSheep.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to AcousticSheep Harmony Project or Posted on Any AcousticSheep Web Page
AcousticSheep does not claim ownership of the materials you provide to AcousticSheep Harmony Project (including feedback and suggestions) or post, upload, input or submit to any AcousticSheep website or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AcousticSheep, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. AcousticSheep is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AcousticSheep's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
If Customer provides feedback, ideas, suggestions or comments on or regarding AcousticSheep's websites, AcousticSheep's products, or AcousticSheep's services, Customer hereby grants to AcousticSheep a perpetual, irrevocable, transferable, sublicensable, royalty-free, worldwide license to fully exploit such Feedback for any and all purposes.
Third Party Accounts
You will be able to connect your AcousticSheep account to third party accounts. By connecting your AcousticSheep account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by AcousticSheep from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AcousticSheep Content accessed through the AcousticSheep Harmony Project in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless AcousticSheep, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Application or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AcousticSheep reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AcousticSheep in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACOUSTICSHEEP LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APPLICATION AT ANY TIME.
ACOUSTICSHEEP LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACOUSTICSHEEP LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AcousticSheep reserves the right, in its sole discretion, to terminate your access to the Application and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Application. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AcousticSheep as a result of this agreement or use of the Application. AcousticSheep's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AcousticSheep's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by AcousticSheep with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AcousticSheep with respect to the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AcousticSheep with respect to the Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
AcousticSheep reserves the right, in its sole discretion, to change the Terms under which AcousticSheep Harmony Project is offered. The most current version of the Terms will supersede all previous versions. AcousticSheep encourages you to periodically review the Terms to stay informed of our updates.
AcousticSheep welcomes your questions or comments regarding the Terms: AcousticSheep LLC 2001 Peninsula Drive Erie, Pennsylvania 16506 Email Address: firstname.lastname@example.org Telephone number: 877-838-4790
Effective as of December 5, 2019
Collection of your Personal Information
AcousticSheep may collect personally identifiable information, such as your name. If you purchase AcousticSheep's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. AcousticSheep may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal, medical, or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by AcousticSheep. This information can include: your IP address, device type, operating system, device name, browser type, geolocation, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide statistics regarding use of the software.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through AcousticSheep's public message boards, this information may be collected and used by others.
AcousticSheep encourages you to review the privacy statements of websites you choose to link to from AcousticSheep so that you can understand how those websites collect, use and share your information. AcousticSheep is not responsible for the privacy statements or other content on websites or applications outside of the AcousticSheep application.
Use of your Personal Information
AcousticSheep collects and uses your personal information to operate its application(s) and deliver the services you have requested.
AcousticSheep may also use your personally identifiable information to inform you of other products or services available from AcousticSheep and its affiliates. AcousticSheep may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
AcousticSheep does not sell, rent or lease its user lists to third parties.
AcousticSheep may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to AcousticSheep, and they are required to maintain the confidentiality of your information.
AcousticSheep may keep track of the websites and pages our users visit within AcousticSheep, in order to determine what AcousticSheep services are the most popular. This data is used to deliver customized content and advertising within AcousticSheep to customers whose behavior indicates that they are interested in a particular subject area.
AcousticSheep may ask you health or medical questions from time to time on the website, through social media, via a mobile phone application, or other digital context. You are under no obligation to answer any questions to continue engagement through these channels. If you choose to voluntarily provide personal health or medical information to AcousticSheep, you understand that because AcousticSheep is not a health care entity, the company is not subject to Health Insurance Portability and Accountability Act (HIPAA) regulations.
AcousticSheep appreciates your willingness to share your private health or medical information with us. We do not sell, rent, or lease your health or medical information.
AcousticSheep uses your health or medical information to run statistical analysis with our products (including an artificially intelligent software platform). We expect to derive correlations and may use your information to teach the software. We may report results of aggregate statistics. Individual information will be anonymized and stripped of identifiable characteristics.
AcousticSheep will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on AcousticSheep or the application; (b) protect and defend the rights or property of AcousticSheep; and, (c) act under exigent circumstances to protect the personal safety of users of AcousticSheep, or the public.
The AcousticSheep website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize AcousticSheep pages, or register with AcousticSheep site or services, a cookie helps AcousticSheep to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same AcousticSheep website, the information you previously provided can be retrieved, so you can easily use the AcousticSheep features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the AcousticSheep services or websites you visit.
You have the ability to delete cookies from your web browser settings. Since cookies are placed on your device, we cannot delete them for you. Some cookies are set by third parties, advertising partners, and service providers. Our cookies expire at different times. Some cookies expire at the end of a browser session. Some cookies, like your shopping cart, expire in 30 days or longer.
Security of your Personal Information
AcousticSheep secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
AcousticSheep does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from AcousticSheep by contacting us at our contact information below.
Changes to this Statement
AcousticSheep will occasionally update this Statement of Privacy to reflect company and customer feedback. AcousticSheep encourages you to periodically review this Statement to be informed of how AcousticSheep is protecting your information.
In order to provide the best customer service and for complete financial transaction records, we retain all customer data indefinitely.
Change or Remove Data
In compliance with the GDPR and CCPA, you have the right to have your data removed. Please refer to this form.
AcousticSheep welcomes your questions or comments regarding this Statement of Privacy. The Head of Data Compliance is AcousticSheep CEO Wei-Shin Lai. If you believe that AcousticSheep has not adhered to this Statement, please contact AcousticSheep at:
AcousticSheep LLC 2001 Peninsula Drive Erie, Pennsylvania 16506 Email Address: email@example.com Telephone number: 877-838-4790 Effective as of December 5, 2019