Terms of Service
Symphony Tools is a social media management service developed and owned by Ninua, Inc., a Delaware Corporation.
Symphony Tools ("Symphony" or "we") includes the http://www.symphonytools.com/ website (the "Symphony Website"),
the Symphony Widgets that live on other blogs and Websites, and any other features, content, or applications
offered from time to time by Ninua Inc. in connection with Symphony.
for your use of Symphony. By using Symphony, you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you simply browse the Symphony Website)
or you are a "Member" (which means that you have registered with Symphony).
The term "User" refers to a Visitor or a Member. You are only authorized to use
Symphony (regardless of whether your access or use is intended) if you agree
to abide by all applicable laws and to this Agreement.
Read this Agreement carefully and save it. If you do not agree with it, you
should leave Symphony and discontinue use of it immediately.
This Agreement includes Symphony's policy for acceptable use of the Symphony
and Content posted on it, your rights, obligations and restrictions regarding
Ninua, Inc. may modify this Agreement from time to time and such modification
shall be effective upon posting on the Symphony Website. You agree to be
bound to any changes to this Agreement when you use Symphony after any such
modification is posted. It is therefore important that you review this Agreement
regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Symphony and that you
provide to other Users. Your Symphony profile may not include the following
items: telephone numbers, street addresses, and any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually explicit
or otherwise objectionable subject matter.
Despite this prohibition, information provided by other Symphony Members
(for instance, in their Profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services, and Symphony
assumes no responsibility or liability for this material. If you become aware
of misuse of Symphony by any person, please contact us and report the offense.
Ninua, Inc. reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting by you, or to restrict, suspend, or
terminate your access to all or any part of Symphony at any time,
for any or no reason, with or without prior notice, and without liability.
Symphony Tools expressly reserves the right to remove your profile and/or
restrict, suspend, or terminate your access to any part of Symphony if Ninua, Inc.
determines, in its sole discretion, that you pose a threat to Symphony and/or its Users.
Eligibility. Use of and Membership in Symphony is void where prohibited.
By using Symphony, you represent and warrant that
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and
(d) your use of Symphony does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
This Agreement shall remain in full force and effect while you use Symphony or are a Member.
You may terminate your Membership at any time, for any reason. Symphony may
terminate your Membership at any time, without warning. Even after Membership
is terminated, this Agreement will remain in effect.
You acknowledge that Symphony reserves the right to charge for Symphony and
to change its fees from time to time in its discretion. If Symphony terminates
your Membership because you have breached the Agreement, you shall not be
entitled to the refund of any unused portion of subscription fees.
Password. When you sign up to become a Member, you may be asked to
choose a password, or allowed to sign up through the use of your Facebook,
Twitter, or other accounts. You are entirely responsible for maintaining
the confidentiality of your password and credentials to your accounts.
You agree not to use the account, username, or password of another Member
at any time or to disclose your password to any third party.
You agree to notify Symphony Tools immediately if you suspect any
unauthorized use of your account.
You are solely responsible for any and all use of your account.
Use by Members.
Using Symphony in a way that is not endorsed or approved by Symphony,
Illegal and/or unauthorized use of Symphony, including collecting usernames
and/or email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or linking
to the Symphony Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation
may be removed from Member profiles and other pages without notice and
may result in termination of Membership privileges.
Appropriate legal action will be taken for any illegal or unauthorized
use of Symphony.
Proprietary Rights in Content on Symphony.
Symphony does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the Service,
you grant Symphony the following worldwide, royalty-free and
non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on
publicly accessible areas of Symphony, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing and promoting
the specific Symphony to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove
or Symphony removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service other
than Symphony, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely
for the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you
remove or Symphony Tools removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible areas
of Symphony, the perpetual, irrevocable and fully sublicensable license
to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part)
and to incorporate such Content into other works in any format or
medium now known or later developed.
- Content Posted.
- Symphony may delete any Content that in the sole judgment of Symphony
violates this Agreement or which may be offensive, illegal or violate
the rights, harm, or threaten the safety of any person.
Symphony Tools assumes no responsibility for monitoring Symphony
Services for inappropriate Content or conduct. If at any time Symphony
chooses, in its sole discretion, to monitor the Symphony Services,
Symphony nonetheless assumes no responsibility for the Content,
no obligation to modify or remove any inappropriate Content,
and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through
any of the Symphony Services, and any material or information that you
transmit to other Members and for your interactions with other Users.
Symphony does not endorse and has no control over the Content.
Content is not necessarily reviewed by Symphony prior to posting and
does not necessarily reflect the opinions or policies of Symphony.
Symphony makes no warranties, express or implied, as to the Content or
to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the Symphony Services.
Symphony reserves the right to investigate and take appropriate legal
action against anyone who, in Symphony's sole discretion, violates this
provision, including without limitation, removing the offending
communication from the Symphony Services and terminating the Membership
of such violators.
Prohibited Content includes, but is not limited to Content that, in the
sole discretion of Symphony Tools:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves certain commercial activities such as barter or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on Symphony and through your use of the Symphony Services.
Symphony reserves the right to investigate and take appropriate legal action against anyone who, in Symphony's sole discretion,
violates this provision, including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Symphony Services.
You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained
from the Symphony Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent
- covering or obscuring the banner advertisements on your personal profile page, or any Symphony Tools page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to register blogs, add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Symphony Tools Services or the networks or services connected to the Symphony Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the Symphony Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Symphony Tools Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the Symphony Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary rights.
It is the policy of Symphony to terminate Membership privileges of any Member
who repeatedly infringes the copyright rights of others upon receipt of
proper notification to Symphony by the copyright owner or the copyright
owner's legal agent. Without limiting the foregoing, if you believe that
your work has been copied and posted on the Symphony Services in a way
that constitutes copyright infringement, please contact us and provide
our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is
located on the Symphony Services;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Symphony's Copyright Agent for notice of claims of copyright infringement
can be reached as follows: email:info[at]ninua.com.
You are solely responsible for your interactions with other Symphony Members.
Symphony reserves the right, but has no obligation, to monitor disputes
between you and other Members.
Symphony is not responsible for any incorrect or inaccurate Content posted
on Symphony or in connection with the Symphony Services, whether caused
by Users of Symphony or by any of the equipment or programming associated
with or utilized in the Symphony Services. Profiles created and posted
by Members on the Symphony Website may contain links to other websites.
Symphony is not responsible for the Content, accuracy or opinions expressed
on such websites, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by Symphony.
Inclusion of any linked website on the Symphony Services does not imply
approval or endorsement of the linked website by Symphony.
When you access these third-party sites, you do so at your own risk.
Symphony takes no responsibility for third party advertisements which are
posted on this Symphony Website or through the Symphony Services,
nor does it take any responsibility for the goods or services provided by
its advertisers. Symphony is not responsible for the conduct, whether online
or offline, of any User of the Symphony Services.
Symphony assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to,
or alteration of, any User or Member communication.
Symphony is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players due to
technical problems or traffic congestion on the Internet or on any of the
Symphony Services or combination thereof, including any injury or damage
to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the Symphony Services.
Under no circumstances shall Symphony be responsible for any loss or
damage, including personal injury or death, resulting from use of the
Symphony Services, attendance at a Symphony event, from any Content posted
on or through the Symphony Services, or from the conduct of any Users of
the Symphony Services, whether online or offline. The Symphony Services
are provided "AS-IS" and as available and Symphony expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
Symphony cannot guarantee and does not promise any specific results from
use of the Symphony Services.
Limitation on Liability.
IN NO EVENT SHALL Symphony Tools BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF Symphony HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
Symphony'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID,
IF ANY, BY YOU TO Symphony FOR THE Symphony SERVICES DURING THE TERM OF
U.S. Export Controls.
Software available in connection with the Symphony Services (the "Software")
is further subject to United States export controls. No Software may be
downloaded from the Symphony Services or otherwise exported or
re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole risk.
If there is any dispute about or involving the Symphony Services, you
agree that the dispute shall be governed by the laws of the State of
California, USA, without regard to conflict of law provisions and you
agree to exclusive personal jurisdiction and venue in the state and
federal courts of the United States located in the State of California,
Santa Clara County.
Either Symphony Tools or you may demand that any dispute between Symphony
and you about or involving the Symphony Services must be settled by
arbitration utilizing the dispute resolution procedures of the American
Arbitration Association (AAA),
provided that the foregoing shall not prevent Symphony from seeking
injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold Ninua, Inc., its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of the Symphony Services in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any Content that you post on
Symphony or through the Symphony Services causes Symphony to be liable to another.
This Agreement is accepted upon your use of the Symphony Website or any of
the Symphony Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and Ninua, Inc.
regarding the use of the Symphony Services.
The failure of Ninua, Inc. to exercise or enforce any right or provision
of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no
legal or contractual effect. This Agreement operates to the fullest extent
permissible by law.
If any provision of this Agreement is unlawful, void or unenforceable,
that provision is deemed severable from this Agreement and does not
affect the validity and enforceability of any remaining provisions.
If you choose to enter personal information into your Symphony profile
certain information may be displayed publicly. If you choose to make
comments on Symphony , these comments will be displayed publicly along with
your avatar, screen name, and a link back to your profile.
Symphony also enables third party developers to access to APIs to collect
and display certain information off of the Symphony site.
This is includes developers that have recently added interest-based
advertising programs, which allows them the ability to track site
visitation and then customize advertising content based on that visitation.
- Google's use of the DART cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
Please contact us at: info[at]ninua.com with any questions regarding this Agreement.