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TERMS AND CONDITIONS OF USE AGREEMENT
A. General Information 1. Websites and Services. This Terms and Conditions of Use Agreement ("Agreement") governs your use of the websites and all associated features and services, including any interactive chat and forum discussion areas (collectively called the �Websites�) which are owned and operated by or on behalf of Symphony Publishing LLC, Symphony Publishing NY, LLC, Symphony Publishing Ohio, LLC and their subsidiaries, affiliates, divisions and related companies (collectively called �Symphony�).
2. Binding Agreement. This Agreement is a legally binding document between Symphony and you, your heirs, executors, administrators, successors, assigns and any business or employer you represent (collectively included in the term "you" as used hereinafter). Before using any of the Websites, please read all of this Agreement carefully. BY USING THE WEBSITES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. By accessing or using the Websites, you also affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. IF YOU ARE UNDER 18 YEARS OF AGE, OR ARE OTHERWISE INCAPABLE OF FORMING LEGALLY BINDING CONTRACTS, OR DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITES.
3. Amendments. We reserve the right, exercisable in our sole discretion, to change, modify, or otherwise amend all or any part of the Websites and the terms and conditions of this Agreement at any time, effective immediately upon notice published on this website. Your continued use of the Websites constitutes your binding acceptance of this Agreement, including any changes or modifications made by Symphony as permitted above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Websites. The right to access and use the Websites is personal to you and is not transferable to any other person or entity.
4. Equipment. You are solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Websites and all charges arising from or relating thereto.
B. Content 1. Copyright and Trademarks. You acknowledge that the Websites contain information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Symphony or third parties, including but not limited to product names, service and trademarks, logos, designs, titles, and words or phrases (collectively called the "Content") and ALL RIGHTS ARE RESERVED IN CONNECTION WITH THE SAME. You agree to comply with all applicable copyright and intellectual property laws and regulations and any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Websites. 2. Your Use of Content. You may only use the Content for your personal, noncommercial use. In no case shall you use and/or re-publish the Content without express prior written permission of Symphony. You may not modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. You acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted materials and you may not store electronically any portion of any Content. You may not collect and use e-mail addresses of other users of the Websites or other user account information, listings, or perform any form of data extraction or data-mining whatsoever. Except as expressly permitted by copyright laws, no copying, storage, redistribution or publication of any of the Content is permitted without the express written permission of Symphony or the owners of such Content if other than Symphony. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any such downloaded Content. Symphony reserves all rights in the Content not expressly granted hereunder.
3. Beneficiaries. The foregoing provisions of this Section are for the benefit of Symphony, its affiliates and its third party content providers and vendors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
C. Rules of Conduct 1. Permitted Postings. Subject to the provisions of this Agreement, you may post any content owned by you (such as your original statements, images or other media), content for which you have received express permission from the owner, and content in the public domain (collectively called �User Postings�). You assume all right and responsibility for determining whether the User Postings are in the public domain. You grant to Symphony the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose the User Postings, without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence. 2. Prohibited Postings and Use. You shall not post any User Postings which (a) are libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contain viruses or other contaminating or destructive features; (c) violate the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violate any applicable law or reputation. You may not post any links to any external Internet sites that are obscene or pornographic. You shall not use the Websites for any commercial purpose not expressly approved in writing by Symphony, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services. 3. Managing Postings. Symphony is not responsible for the content of the postings of users. However, Symphony reserves the right to delete, move or edit the postings of users (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. Symphony shall have the right but not the obligation, to correct any errors or omissions in the content of any postings of users, as it may determine in its sole discretion. 4. No Endorsement. Symphony does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area by users and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of Symphony or its advertisers, sponsors or affiliates. 5. No Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Websites, or any transaction being conducted on or through the Websites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the website.
6. Fraudulent Activity. You may not register to use the Websites under a false name, or use an invalid or unauthorized credit card in connection with your use of the Websites. You may not impersonate any other user of the Websites, or make use of another user's password(s) or other personal information. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
7. Monitoring. You agree that Symphony has the right, but not the obligation, to monitor any form of user activity and/or content linked to or from or otherwise associated with the Websites. We may investigate any reported violation of this Agreement and website policies, and any user or other third party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending, terminating or denying access to the Websites). We may also investigate, in our sole discretion, the use of any credit card by a user in connection with the Websites, and take such action as we deem necessary or appropriate, including without limitation contacting the owner or user of such card or canceling purchase orders placed by such owner or user.
8. Compliance with Laws. The Websites may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Websites and any transactions that may be conducted by means of the Websites. 9. Privacy Policy. By agreeing to the terms and conditions of this Agreement, you also agree to the terms of the Privacy Policy published on the Websites, which is incorporated herein by reference. If you have any questions regarding the Privacy Policy, you should address them to webmaster@symphonypublishing.com.
D. Breach of Agreement Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Websites or refuse to provide access to the Websites if (1) you breach this Agreement; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe that your actions may cause legal liability for you, us, our users, affiliates, third party content providers or vendors.
E. Indemnity You agree to indemnify, defend, and hold Symphony and its parent corporations, subsidiaries and affiliates and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively, the �Indemnified Parties�) harmless from and against any and all claims, liabilities, losses, costs, and expenses (including attorneys' fees) incurred by the Indemnified Parties in connection with your breach of this Agreement, or any use or alleged use of the Websites by you or any person under your user name or password, whether or not authorized by you. The Indemnified Parties reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Indemnified Parties� defense of such claim and to be responsible for all costs and expenses (including attorneys' fees) incurred by the Indemnified Parties in connection therewith.
F. Access to, Termination of or Change in the Websites 1. Access. Symphony does not guarantee continuous, uninterrupted, or secure access to the Websites, and the same may be interfered with by numerous factors outside of our control. Symphony shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Websites. 2. External Sites. The Websites may contain links to Internet sites that are owned and operated by third parties (the "External Sites"). You acknowledge that Symphony is not responsible for the availability of, or the content located on or through any the External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located thereon. 3. Termination of or Change in Websites. Symphony reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Websites at any time, for any reason, without prior notice or liability of any kind whatsoever. Symphony may change, suspend or discontinue all or any aspect of the Websites at any time, including the availability of any feature, database, or Content without prior notice or liability of any kind whatsoever.
G. DISCLAIMER OF WARRANTIES NEITHER SYMPHONY NOR ANY THIRD PARTY CONTENT PROVIDER OR VENDOR, NOR THEIR RESPECTIVE AGENTS (HEREINAFTER COLLECTIVELY CALLED �PROVIDERS�) WARRANTS THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITES. THE WEBSITES ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF THE PROVIDERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITES. NONE OF THE PROVIDERS WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING IN CONNECTION WITH THE WEBSITES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITES AND THE ACCURACY OR COMPLETENESS OF THE WEBSITES IS ASSUMED SOLELY BY YOU. WITHOUT LIMITING ANY PROVISION HEREIN, NONE OF THE PROVIDERS WARRANT THAT ANY PARTICULAR COMPUTER SYSTEM CONFIGURATION WILL BE COMPATIBLE WITH THE WEBSITES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER SYSTEM HAS THE APPROPRIATE HARDWARE, OPERATING SOFTWARE, AND INTERNET BROWSER SOFTWARE VERSIONS TO ACHIEVE THE FULL FUNCTIONALITY AND CAPABILITIES OF THE WEBSITES. Some states do not allow the disclaimer of implied warranties or limitation on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you. You may have other rights, which vary from state to state.
H. LIMITATION OF LIABILITY 1. THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SYMPHONY, ITS THIRD PARTY CONTENT PROVIDERS AND VENDORS AND THEIR RESPECTIVE AGENTS (HEREINAFTER COLLECTIVELY CALLED �PROVIDERS�) ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
2. UNDER NO CIRCUMSTANCES WILL PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITES OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION IN CONNECTION WITH THE WEBSITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE.
3. PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES, EVEN IF PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Providers shall be limited to the greatest extent permitted by law.
I. Miscellaneous 1. Governing Law. All disputes, claims or controversies arising out of this Agreement, or the validity or performance of this Agreement (collectively referred to as the "Litigation") shall be governed by and construed in accordance with the laws of the State of 2. Entire Agreement and Survival. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive. 3. Headings. Section headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
4. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
5. Waiver. Symphony's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Symphony's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Symphony must be made in writing and signed by an authorized representative of Symphony specifically referencing this Agreement and the provision to be waived. 6. Binding Effect; Assignment. This Agreement will inure to the benefit of Symphony's successors and assigns. Except as set forth in this Agreement, this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto. This Agreement may not be assigned by you without the prior written consent of Symphony.
7. Notices. Any notices to be given to Symphony pursuant to this Agreement may be given by postal mail to This Agreement was last revised and posted on May 22, 2007, to be effective immediately.
This Privacy Policy applies to the websites and all associated features and services, including any interactive chat and forum discussion areas (collectively called the �Websites�) which are owned and operated by or on behalf of Symphony Publishing LLC, Symphony Publishing NY, LLC, Symphony Publishing Ohio, LLC and their subsidiaries, affiliates, divisions and related companies (collectively called �Symphony�). This Privacy Policy is incorporated into the Terms and Conditions of Use Agreement governing the Websites, which is also posted on the Websites. Symphony recognizes the need to safeguarding the information gathered from those who use the Websites. This Privacy Policy explains what data is collected when you use the Websites, how it might be used or shared by Symphony and how you can request changes to the same. If you have any questions that are not answered below, please contact us by email at webmaster@symphonypublishing.com. Symphony may change, modify or otherwise amend all or any part of this Privacy Policy at any time, effective immediately upon notice published on the Websites, so please review this Privacy Policy periodically to become aware of such revisions. Your use and continued use of the Websites constitutes your binding acceptance of this Privacy Policy, including any changes, modifications and amendments thereto. If at any time this Privacy Policy is no longer acceptable to you, you must immediately cease all use of the Websites.
A. Information You Provide
1. Personal Information. The term �Personal Information� as used herein collectively means all information and/or materials: (a) that you provide to us in connection with your use of the Websites or any of the links on the Websites, or in any correspondence with us; (b) that you provide to us when you use the services associated with the Websites, make any purchases through the websites, subscribe to our magazines (either directly or through another company such as a subscription agency), sign up for email newsletters, enter contests or promotions offered through the Websites, participate in surveys or register for tradeshows through the Websites; (c) that can identify you, such as your name, email address, mailing address, telephone number, fax number, user name, notification preferences and credit card information; (d) that you provide to other users of the Websites or to third parties in connection with your use of the Websites; and (e) any search terms or other instructions that you transmit to our servers through a web browser. We may also receive information about you from other sources and add it to the Personal Information you have provided to us. We may ask for non-personal information or demographic information. Except as otherwise expressly provided in this Agreement, you are solely responsible for your Personal Information, and we act at all times as a passive conduit for your online distribution, communication, and/or publication of your Personal Information. Symphony is not responsible for any Personal Information you provide in connection with any interactive chat and forum discussion areas or publicly accessible interactions on or through our Websites. 2. Covenant Regarding Your Information. You agree to promptly update your Personal Information in order to keep it current, complete, and accurate. You further agree that your Personal Information: (a) will not be false, inaccurate, frivolous, or misleading; (b) will not infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) will not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or obscene; (e) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Websites, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Websites; (f) will not create any liability for Symphony or cause Symphony to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates; (g) will not contain any links to or from other information or websites for which you do not have the right to make or reproduce such links; and (h) will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity. 3. Children's Privacy. The Websites are not intended for use by children, especially those under the age of 13. No one under the age of 13 should provide any Personal Information or participate in any interactive chat or forum discussion areas or publicly accessible interactions on or through our Websites. Minors under the age of 18 are prohibited from making purchases, including subscriptions, on our Websites.
B. Use of Your Information Symphony may use your Personal Information for any of the following reasons: to operate the Websites; to send you notices or otherwise contact you; to fulfill your requests internally or in connection with third parties, vendors and affiliates; to respond to incoming service and support requests from you; to collect customer feedback and improve the Websites and our products and services; to conduct surveys and research; to send informational mailings on products, services or events that we think might be of interest to you; to customize the advertising and content you see; and to provide anonymous reporting for internal and external purposes. We may also to send you e-newsletters with targeted, relevant content and offers from reputable third party businesses or organizations. All e-newsletters, promotional offers and research email messages will provide you with an opportunity to opt out of receiving such future communications.
C. Sharing your Information We may share Personal Information with carefully selected vendors, business partners and other organizations, which are not part of Symphony. These companies and organizations may use the Personal Information we share to provide special opportunities and offers to you. We also provide contact lists to third party companies that we have employed to provide us with specialized services, including customer service, subscription fulfillment, research, statistical analysis, list cleansing, postal mailings, email and fax deployment, telemarketing, and other information services. In compliance with privacy laws, we provide our opt-out lists to those third party companies so that they can be suppressed from the communications sent on behalf of Symphony. Please note however, that we only use third party companies whom we believe share our commitment to privacy and who will keep your Personal Information secure. If you provide Personal Information to or on sites linking to or from our Websites, or while using a co-branded service, you grant us permission to share the Personal Information you have provided with that service or site partner. Their use of your Personal Information is subject to their privacy policies, which you should examine carefully. Symphony is not responsible for the privacy practices of such other websites. Symphony may also disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary: (a) to comply with any applicable laws, lawful government requests or any orders of court; (b) to protect or defend the rights or property of Symphony, its Websites or its Website users; or (c) to protect the personal safety of Symphony, its Website users or the public.
D. Transfer of Information Information collected by Symphony may be stored and processed in the
E. Cookies and Pixel Tags We use cookies and other Internet technologies to enrich your online experience and to manage the Websites and email programs. Our cookies do not contain any information, in itself, that is personally identifiable. Most browsers allow you to modify your security settings to accept or reject cookies. You need not have cookies turned on to use our Websites, but without them, your access to some areas of the Websites may be limited and custom navigation may not be available to you. If you choose to allow cookies, we may store small amounts of information on your computer about what parts of the Websites you visited. This allows us to understand how you use the Websites and helps us tailor the content you see to match your interests. We may also use cookies to identify users so that they do not have to re-enter their information, such as username and password. Cookies may also be used to limit the number of advertisements you see while on the Websites. The cookies we store on your computer are not accessible on any other companies' websites. We may also use pixel tags which are also known as web beacons, clear gifs, or web bugs. Pixel tags help us collect non-personally identifiable information about traffic to our Websites, responses to our promotional efforts and give us an aggregate picture of how visitors use our Websites. You can disable pixel tags by setting your browser to omit images and disable JavaScript. Some advertisements on our Websites or in our email messages are provided by third party companies. These companies may use cookies and pixel tags to collect non-personally identifiable information about your visits to our Websites and other web sites. However, such cookies and pixel tags can only be accessed by those advertisers and we do not have access to them. The cookies and pixel tags may be used by the third party companies in order to provide you with relevant advertisements about products, services, and events. They also give us aggregate traffic pattern information, help us improve your site experience and help advertisers monitor their advertising efforts. For information about how to opt out of such third-party advertisers' tracking methods, please visit those advertisers' websites.
F. Data Security and Storage Symphony uses reasonable precautions, including appropriate technical, administrative, and physical procedures, to protect the information collected through the Websites from loss, misuse, or alteration. Notwithstanding these procedures, we do not accept any liability for misuse of the Websites by others or from viruses, links to other sites or to objectionable material. When we contract with other companies to provide us with services, we only share Personal Information with those that we believe share our commitment to privacy and information security. However, we are not responsible for any breach of security or for the actions of those third parties. Due to the design of the Internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties. We also do not guarantee the preservation of data, records or other information that may expire or be removed or deleted. G. Editing your Information and Contacting Us. You can edit your Personal Information, including your preferences, at any time by logging into the Websites or by contacting us by email at webmaster@symphonypublishing.com. If you have any questions regarding this Privacy Policy, please contact us by email at webmaster@symphonypublishing.com or by mail at This Privacy Policy was last revised and posted on May 22, 2007, to be effective immediately. |