IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER. BY ACCESSING AND USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS.
Modifications to these terms
Symphonium may change, modify, update, add, or remove portions of these Terms at any time. Please check these terms periodically for changes. Your continued use of this website, following the posting of any changes, will signify your acceptance of those changes.
Changes to this website
We may add additional services or make changes to existing services on this website. In the event that Symphonium makes such changes, these Terms shall apply to the new services and to any changes to existing services.
To use certain parts of this Website, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, postal code and credit card information. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Symphonium immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Symphonium or any other user of or visitor to this Website due to the use of your Symphonium ID, password, or account by another person.
You may not use anyone else's Symphonium ID, password, or account at any time without the express permission and consent of the holder of that Symphonium ID, password, or account. Symphonium cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and the arrangement of such Content, contained on this Website is owned, controlled, or licensed by Symphonium. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Software License Agreement, Terms of Service, etc.), Symphonium hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.
Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Symphonium and/or the appropriate owner. Also, you may not "mirror" any Content contained on this Website or any other server without Symphonium's express prior written consent.
No unlawful or prohibited use
While using this Website, you may NOT do the following:
Restrict or inhibit any other user from using and enjoying this Website
Post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind
Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law.
Use the "Symphonium" or "Symphonium Audio" names, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with Symphonium
Pretend that you are, or that you represent, someone else or impersonate any other person or entity
Invade the privacy or violate any personal or proprietary right of any person or entity
Post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Symphonium), or engage in spamming, phishing, or denial of service attacks
Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
Use the Website to generate traffic for other sites
Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity
Upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through this Website, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder
Upload, post, publish, reproduce, transmit, or distribute in any way any component of this Website itself or derivative works with respect thereto without Symphonium's prior written consent.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or Symphonium's systems or networks, or any systems or networks connected to this Website or to Symphonium.
Forge headers (headings) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Symphonium on or through this Website or any service offered on or through this Website
Use any robot, spider, scraper, or other automated means to access this Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
Post or transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element
Links to third party websites and services
In attempting to provide you with comprehensive and useful resources, this Website may contain links to third-party websites, which are not under the control of Symphonium. Symphonium is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Symphonium is providing these links to you only as a convenience, and the inclusion of any link does not imply that Symphonium endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.
In connection with your use of this Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Symphonium. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not Symphonium, is responsible for the performance of the third-party services or products.
No duty to monitor
Symphonium shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to prescreen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, Symphonium is not responsible for any failure or delay in removing content.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND SYMPHONIUM AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS "SUPPLIERS") HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. SYMPHONIUM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. SYMPHONIUM AND ITS SUPPLIERS MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THIS WEBSITE OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. SYMPHONIUM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, SYMPHONIUM IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY SYMPHONIUM, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply in your jurisdiction.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYMPHONIUM (OR SYMPHONIUM'S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF SYMPHONIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL SYMPHONIUM'S AND ITS SUPPLIERS' CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO SYMPHONIUM DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply in your jurisdiction.
You shall indemnify, defend, and hold harmless Symphonium, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your wrongful acts or omissions arising out of your use of this Website. Symphonium reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim. The foregoing indemnification provision shall not apply to the extent that any claims, demands, damages, costs, or liabilities, are the result of Symphonium's own negligence, fraud, willful injury or willful violation of law.
Disclosure of use
Symphonium may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Symphonium to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and Symphonium regarding this subject matter, and they govern your use of this Website. The failure of Symphonium to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the parties nevertheless agree that the parties’ intentions as reflected in the provision and the other provisions of these Terms shall remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This site is owned and operated by Symphonium. Symphonium revised these Terms on March 1, 2018.