Terms & Conditions

Terms of Use

Effective Date: July  1, 2014

If you have any questions/comments please send us an email: terms@news.symphonycommerce.com.

Ownership

This website is owned and operated by Symphony Commerce (“we” or “Symphony Commerce”). Symphony Commerce provides our customers with a hosted ecommerce platform and application suite of services that facilitate functionality to support the development and management of retail, wholesale and third party sales operations. The ecommerce services are not a part of our corporate web site. Symphony Commerce serves as a Data Processor for our customers who use these services. More specifically, Symphony Commerce does not own the information that is submitted to our customers’ websites. The information that is submitted to a Web site of one of our customers will be subject to that customer’s privacy policy and terms of use.

The Services and use of the Site are provided to you subject to the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Agreement”) and our Privacy Policy, and any other rules and policies set forth on this Site. The terms and conditions below and any other rules or policies set forth on this Site comprise the entire agreement between you and Symphony Commerce and supersede all prior agreements between us.

All copyrights and other intellectual property rights in the Website, including without limitation all software and written and graphical content included in the Website, are owned by Symphony Commerce, Inc. (“Symphony Commerce”) and are hereby reserved.

Use of Website and Documents

Symphony Commerce hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about, evaluating or acquiring Symphony Commerce services or products, provided (i) you mark such copy “© 2014 Symphony Commerce, Inc. All rights reserved.”; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website.

Violators will be prosecuted to the maximum extent possible.

Communication Services

The Website may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations.

Symphony Commerce has no obligation to monitor the Website or Communication Services. However, Symphony Commerce reserves the right to review materials posted to the Website and the Communication Services and to remove and/or edit any materials in its sole discretion.

Symphony Commerce reserves the right to terminate your access to the Website and the Communication Services at any time, without notice, for any reason whatsoever. Symphony Commerce reserves the right at all times to disclose any information as it deems 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 Symphony Commerce’s sole discretion.

Trademarks/Copyrights

Symphony Commerce ® , the Symphony Commerce logo, and any other marks used on the Website are trademarks of Symphony Commerce or their respective owners. Such marks may not be used without the prior written consent of Symphony Commerce. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.

Copyright Notice. Copyright © 2012-2014 Symphony Commerce, Inc. All rights reserved.

No Unlawful or Prohibited Use

You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any Symphony Commerce server or the network(s) connected to any Symphony Commerce server, or interfere with any other person’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any Symphony Commerce server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.

Links

Any links to third party websites are provided for your convenience only, and Symphony Commerce makes no recommendation or endorsement as to such websites or the products or services offered thereon.

You may link to the Symphony Commerce Website, unless notified otherwise in writing by Symphony Commerce. However, you may not frame the Website in a manner that may cause confusion to Symphony Commerce customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.

Spam Email and Postings

You agree that Symphony Commerce would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that Symphony Commerce is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Symphony Commerce reserves the right to block, filter or delete unsolicited email.

Privacy

We are committed to protecting the privacy and confidential information of Users. For more information on our Privacy Policy, please click here. You agree to maintain and comply with a privacy policy that is consistent with the Symphony Commerce Privacy Policy. You are responsible for all decisions with respect to the personally identifiable information of persons that respond to your surveys or to whom you send surveys. You represent and warrant that your surveys will not target children under 13 and that you will not knowingly collect personally identifiable information from children under 13.

Confidentiality

We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party, other than to (i) our employees, consultants and contractors who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services, and (ii) any assignee or transferee of the rights and/or obligations under this Agreement. Nothing in this Agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information. “Confidential Information” may include, solely to the extent entered into the Services or Site by you, (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by you; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by you; (ii) becomes publicly known and generally available after disclosure by you through no action or inaction of ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

DISCLAIMER

THE CONTENT CONTAINED IN THE WEBSITE IS PROVIDED BY SYMPHONY COMMERCE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT.

ANY INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITE THAT IS RELATED TO SUPPORT OF SYMPHONY COMMERCE SOFTWARE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE AND SUPPORT AGREEMENT BETWEEN YOU AND SYMPHONY COMMERCE, AND NOT TO THESE TERMS OF USE.

ANY MENTION IN THE WEBSITE OF NON-SYMPHONY COMMERCE PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.

LIMITATION ON LIABILITY

AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL SYMPHONY COMMERCE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE; AND (ii) THE AGGREGATE LIABILITY OF SYMPHONY COMMERCE OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) SYMPHONY COMMERCE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF SYMPHONY COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Notices on Copyright Infringement

If you believe that material posted on the Website infringes your copyright, you should provide notice of such infringement to the following person, who is Symphony Commerce’s designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):

Attn: General Counsel
Symphony Commerce, Inc.
363 Clementina
San Francisco, CA 9410
terms@news.symphonycommerce.com

Entire Agreement

These terms of use are the entire agreement between you and Symphony Commerce in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Symphony Commerce’s failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.

Governing Law and Jurisdiction

The Website is controlled and operated from within the United States, and Symphony Commerce does not represent that the Website is appropriate for use outside the United States. If you access the Website from outside the United States, you are responsible for compliance with any applicable local law. Your use of the Website shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in the state or federal courts located in the City and County of San Francisco, California.