1. Using the site
- 1.2 Accuracy of Information. You may only submit information that you own or have the right to submit. You agree that it is your sole responsibility to ensure that the information you submit through the Site (including information to set up or update your Symbria account) is accurate, complete and current to the best of your knowledge and recollection. We are not responsible for any consequences arising from your or other persons’ reliance on the accuracy of any content contained within your Symbria account.
- 1.4 Prohibited Behavior. You must not use the Site to interfere with or disrupt the proper operation of the Site in any manner that may adversely affect Symbria or any third parties, including using the Site to do any of the following prohibited actions:
- Harm minors in any way
- Engage in excessive use of the Site which impairs the fair use of others
- Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity
- Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party
- Upload or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility.
- 1.5 Third-Party Links. You may be able to access third-party websites or services via the Site; you acknowledge that we do not endorse and are not responsible for such websites or services or any content that may be available there.
- 1.6 Connectivity with Third-Party Programs, Applications, and Devices. You may be able to connect with certain third-party programs, applications (“Apps”) and devices through the Site. Available connections are listed within your account settings. However, we do not endorse or are in any way responsible for any third-party programs, Apps or devices. By establishing a connection with any such third-party program, Apps, and/or device, you authorize such third-party to disclose, transmit or otherwise make available information about you to Symbria, and authorize Symbria to receive, access, collect, store and otherwise use such information in connection with your use of the Site. You may, at any time, cancel your authorization by contacting either Symbria or the applicable third party.
- 1.7 Use of Trademarks. You will not use our trademarks or any confusingly similar marks, without our written permission. Please refer to Section 11 for more information.
2. Your account information
Only you (and your parents or guardians, if you are under 18 years of age) may use your account credentials. You must keep your account credentials confidential and not authorize any third party to access or use the Site on your behalf unless we provide an approved mechanism for such authorization. You must contact us right away if you suspect misuse of your accounts or any security breach in the Site. You are responsible for all activity that takes place with your Symbria account.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any account that you administer) to anyone without first getting our written permission.
3. Information you provide
For content that is covered by intellectual property rights, like photos (“IP Content”), you specifically give us the following permission, subject to your privacy and application settings: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the Site (the “IP License”). This IP License ends when you delete your IP Content or your account unless such IP Content has been shared with others, and they have not deleted it.
When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
If you share content on the Site in a way that infringes on the rights of other individuals, including their privacy rights, you are breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this Section 3 and the use of the content does not violate any law. We may remove your content from the Site at any time if you breach this contract or for other reasons in our sole discretion.
If your Symbria account is canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after your Symbria account is canceled. Data that is deleted may be irretrievable.
4. Our operation of the site
The Site operates for the benefit of Symbria and its clients. We retain the right to block or otherwise prevent delivery of any type of email or other communication to or from the Sites part of our efforts to protect the Site, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the Site.
5. How we may change the contract
6. No warranty
Social networks, programs, Apps and devices that connect or interact with Symbria, such as Facebook and Google, are not endorsed, sponsored, or warranted by Symbria and you agree that Symbria is not liable for any harm that you or others may suffer as a result of such connections or interactions. Product descriptions are by their manufacturers and provided for informational purposes only. We do not operate, control or supply any information, product, or Site that is not clearly identified as supplied by Symbria. This site and the Site do not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program or any health information or other content that you encounter on or through the Site. Never disregard professional medical advice or delay in seeking it because of information or content you accessed on or through the Site.
7. Liability limitation
YOU CANNOT RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SITE OR THE SERVICES. IN ANY EVENT, YOU AGREE THAT ANY RECOVERY FROM SYMBRIA, OUR AFFILIATES OR VENDORS SHALL BE LIMITED TO DIRECT DAMAGES UP TO ANY AMOUNT YOU PAY Symbria FOR ACCESS TO THE SITE.
- Loss of data.
- Content (including code) on third-party Internet sites, social networks, third party programs, Apps, devices, products, or third-party conduct.
- Viruses or other disabling features that affect your access to or use of the Site.
- Incompatibility between the Site and other services, software and hardware.
- Delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the site or Site in an accurate or timely manner, and
- Claims for breach of contract, breach of warranty, guarantee or condition, personal injury, strict liability, tort (including negligence or breach of statutory duty); or misrepresentation.
THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILURES OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
8. Changes to the Site and cancellation
9. General legal terms
- 9.4 Claims. You must bring any claim related to this contract or the Site within one year of the date you could first bring the claim. If it is not filed on time, the claim is permanently barred.
10. Applicable law; dispute resolution
Unless you and Symbria agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If the claim or controversy is for $10,000 or less, Symbria agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
11. Copyright and trademark notices
We or our suppliers own all rights, title and interest in certain copyrights, trademarks and other intellectual property rights in connection with the Site and content. All rights are reserved. The names of actual companies and products may be the trademarks of their respective owners. From time to time, we may use fictitious names, companies, organizations, products, domain names, e-mail addresses, logos, people, places and events for illustrative purposes only. In such cases, no association with any real Symbria account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted in this contract are reserved.
Effective Date: April 1, 2014