Effective as of July 8th 2016.
This Agreement contains the complete terms and conditions that govern the use of Symphony’s websites, defined as any websites under Symphony’s control, whether partial or otherwise, including but not limited to; SymphonyTalent.com, and skillcheck.com (hereinafter collectively “Symphony Sites” or “Sites), as well as related products, offerings and services we may offer to you (collectively referred to as the “Services”).
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SYMPHONY SITES AND/OR SERVICES OR CONTENT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SYMPHONY SITES OR SERVICES. SYMPHONY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT SYMPHONY’S SOLE DISCRETION. YOU SHOULD PERIODICALLY REVIEW THIS PAGE TO VIEW THE MOST CURRENT TERMS. CONTINUED USE OF ANY PART OF THE SYMPHONY SITES AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO HTTP://WWW.SYMPHONYTALENT.COM/TOU. Users who violate these Terms may have their access and use of the Symphony Sites AND/OR SERVICES suspended or terminated, at Symphony’s sole discretion.
1. ACCESS TO SYMPHONY SITES. To access Symphony’s Services, the Sites or other content, you may be asked to create an account and provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide will be correct, current, and complete. If Symphony believes the information you provide is not correct, current, or complete, Symphony has the right to deny access to the Sites, Symphony’s Services or to any of its resources, and to terminate or suspend your access at any time. As a condition of your use of the Symphony Sites and Symphony’s Services, you warrant to Symphony that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms.
The Sites are intended for use by individuals 15 years of age or older. By using our Sites, your warrant and represent that you are 15 years or older. You may not use the Sites or use Symphony’s Services under any circumstances if you are less than 15 years old, and if you are under 18 years of old, you also warrant that you are using the Sites and/or Services with parental consent.
The Symphony Sites and Services may only be used by individuals seeking employment opportunities, career advancement, education, or other related information (collectively “Job Seekers”), and by employers, headhunter, recruiters, hiring managers and/or other human resource professionals who are seeking Job Seekers (collectively “Recruiter” or Recruiters).
2. USE OF SYMPHONY SITES: Symphony grants you a limited, revocable, nonexclusive license to use the Symphony Sites solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You agree not to copy the Symphony Sites, reverse engineer or break into the Sites, or use materials, content or Services in violation of any law. Any use of the Sites or the materials contained therein, other than as specifically authorized in these Terms, without the prior written permission of Symphony, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Terms shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. Symphony reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites at any time and to block or prevent your future access to, and use of, the Sites.
By using the Symphony Sites and Services, you agree to not:
post, send, submit, publish, or transmit in connection with the Symphony Sites, or cause to be posted, sent, submitted, published or transmitted, any Submissions or material that you do not have the right to distribute, duplicate, display, upload, send or receive, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
advocate illegal activity, discuss any intent to commit an illegal act or violate any law;
post, send, submit, publish or transmit material that is vulgar, obscene, pornographic, or indecent;
threaten or abuse others;
libel or defame others;
post, send, submit, publish or transmit material that is racist, abusive, harassing, threatening or offensive;
impersonate or misrepresent your connection to any other entity or person or otherwise manipulate or forge headers or identifiers to disguise the origin of content;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
solicit funds, advertisers or sponsors for any purpose;
include programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
post, send, submit, publish or transmit material that amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Symphony Sites or any networks connected to the Symphony Sites;
use any device to navigate or search any Symphony Site other than the tools available on the Sites, generally available third party web browsers, or other tools approved by Symphony;
use any data mining, robots or similar data gathering, extraction, insertion, and/or site alteration methods;
or attempt to violate the security of any Symphony Sites including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
reverse engineer or decompile any parts of any Symphony Sites;
copy or duplicate in any manner any of the Symphony content or information available from any Symphony Sites, other than as permitted by these Terms;
apply for any job, join a database or otherwise register interest in jobs or a company on behalf of another party;
share personal login credentials or passwords with anyone;
access data not intended for you or logging into a server or account which you are not authorized to access;
post or submit incomplete, false or inaccurate biographical information or information;
solicit passwords or personally identifiable information from other Users;
delete or alter any material posted by any other person or entity;
harass, incite harassment or advocate harassment of any group, company, or individual;
send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted by you; or
attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Symphony Sites, or overloading Symphony Sites.
Violations of system or network security may result in civil and/or criminal liability. Symphony will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You acknowledge that any materials you upload to the Symphony Sites (“Submissions”) may be subject to posted limits on use, reproduction and/or dissemination, and you are responsible for abiding by such limitations with respect to your Submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Symphony nor any third party that provides content and/or services to Symphony, will assume or have any liability for any action made by Symphony or such third party with respect to any Submission.
3. USING THE SYMPHONY SITES. When you use our Sites as both a Job Seeker or Recruiter, you create a profile, which contains a core set of information about you, which acts as login authentication to identify you (a “Profile”).
You use your Profile to access our Services, and you add, update and delete information on your Profile as you use the Services. The Services that you choose to use, determines the type of information stored in your Profile.
For example, your Profile will always contain:
your email address;
a password that you set.
Then, depending on the Services you use, you may add and store in your Profile:
contact information such as address, telephone number;
information about your education and occupation background, skills and experience, awards, memberships and affiliations, activities and interests;
information imported by you and/or your connections from third party sites;
information about third parties, such as references or contacts which you provide to us with the third parties’ express written consent to do so;
your resume, cover letters, patents, work examples and other documents (“Supporting Documents”);
your preferences and favorites;
your age, gender, race or ethnicity, if permitted by local law and you choose to provide it.
Any Profile you submit must be accurate and describe you, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting you, other than your current information. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Profile information you provide on the Symphony Sites.
Your Profile only contains information about you. If you are using our Sites as a Recruiter, you will undertake activities on behalf of your company, (such as posting jobs, writing job descriptions, adding notes, documents, comments, and sending email to Job Seekers, etc.), and these activities create and store information for your company (“Company Information”), that is separate to your Profile.
The Services we provide, and that you may use on our Sites, include but are not limited to services for both Job Seekers and Recruiters, such as;
create an online Profile, which may include personal information
make your Profile available for viewing by potential employers;
post and search for employment opportunities;
apply for jobs;
take an assessment or background check as part of a hiring / job application process;
complete forms and/or provide information as part of starting a new job;
participate in online interviews;
refer people for jobs;
create ‘watch lists’ or alerts for new job and/or career advancement opportunities;
take a test and/or provide information in order to obtain ‘badges’ verifying skills and/or other capabilities you possess;
participate in activities and/or share information with other Users;
receive emails, phone calls and text messages from people who are employed or contracted by Symphony to help you get a job;
search for Job Seekers;
send messages to Job Seekers;
store information as part of a recruiting process.
Symphony reserves the right to delete your Account after duration of inactivity.
By providing and posting any Submission, You represent and warrant that you have the right to grant, or that the holder of any rights, including moral rights in such content. If you post content or mark content for use in any public area of any Symphony Sites (“Public Submission”), you also permit any user or person to access, display, view, store and reproduce such Public Submission for personal use. Subject to the foregoing, the owner of such Submission placed on any Symphony Sites retains any and all rights that may exist in such Submission. Symphony may review and remove any Submission or content that, in its sole discretion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of any of its users. Symphony reserves the right to terminate further access to the Symphony Sites and/or use of Symphony’s Services for violating the Terms or applicable laws, rules or regulations. Symphony reserves all rights to take legal or equitable action with respect to Submissions that it deems necessary or appropriate if it believes that such Submissions could create liability for Symphony, damage Symphony’s good will or public image, or interfere with Symphony’s business relationship with other users or suppliers.
Symphony cannot and does not guarantee the truthfulness, accuracy, or reliability of Submissions, derivative works from Submissions, or any other communications posted by users. Symphony does not endorse any statements or opinions expressed by its users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
You may not post any Submissions that that:
promotes or endorses false or misleading information;
promotes or endorses illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
is implicitly or explicitly offensive, including but not limited to material that engages in, endorses or promotes racism, bigotry, discrimination, hatred or harm of any kind against any group or individual;
harasses or advocates harassment of any group or individual;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing;
promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work or violation of another’s intellectual property rights;
contains restricted or password only access pages, or hidden pages or images;
displays or links to indecent or sexually explicit material of any kind; or
provides or links to material that solicits personal information from anyone under the age of 18.
The foregoing is not an exhaustive list of content that is prohibited on the Symphony Sites.
5. Terms Applicable to RECRUITERS. Recruiters are solely responsible for the Company Information they create, and the actions they take on our Sites. Symphony shall not be responsible for the accuracy of any Company Information, Profiles, Supporting Documents, any Submissions, or any actions and employment decisions, for whatever reason, made by any Recruiters utilizing Symphony’s Services.
Symphony does not make any representations regarding the accuracy or validity of users Profiles, Submissions, Supporting Documents or any other information, or the appropriateness of such information for evaluation by employers.
Nothing Symphony does, does not do, provides or not provide, by or through these Sites and Services, is a recommendation or indication of suitability to hire or not hire Job Seekers.
Symphony reserves the right to remove any content from any Symphony Sites that does not comply with these Terms. All content, and specifically job postings, must comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property. You may not post jobs that:
require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; or
require the applicant to provide information relating to his/her racial or ethnic origin, political beliefs, philosophical or religious beliefs, membership of a trade union, physical or mental health, sex life, commission of criminal offences or proceedings, or age, unless otherwise authorized by law.
You shall take appropriate physical, technical, and administrative measures to protect the information and data you have obtained from the Symphony Sites from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not use the information and data obtained from the Symphony Sites for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to users. You shall not make unsolicited phone calls, send unsolicited mail, email, faxes, or newsletters to users or contact any user unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted).
6. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand or frame the Sites without the express prior written permission of an authorized representative of Symphony. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Symphony Sites; content accessible within the Sites; or content transmitted through the Sites. For purposes of these Terms, “framing” refers to displaying any part of the Sites within a bordered area of another website, regardless of whether the address of the Sites or the originating Symphony content is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from Symphony.
7. NO UNLAWFUL ACCESS. In addition, you agree that you will not use the Sites in any manner that could in any way disable, overburden, damage, or impair the Sites or otherwise interfere with any other party’s use and enjoyment of the Sites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Sites.
8. SYMPHONY INTELLECTUAL PROPERTY. All content and works found on the Symphony Sites originating from Symphony (hereinafter “Content”) is considered the copyrighted and trademarked intellectual property of Symphony, or of the party that created and/or licensed the Content to Symphony. All contents of the Sites provided by Symphony are: Copyright © 2014 Symphony. All rights reserved. No rights or title to any of the works contained on the Sites shall be considered transferred or assigned to the user. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of Symphony or the owner of such Content.
Trademarks, service marks, logos, and copyrighted works appearing in the Symphony Sites are the property of Symphony or the party that provided them to Symphony. Symphony, and any party that provides intellectual property to Symphony, retain all rights with respect to any of their respective intellectual property appearing in the Symphony Sites.
9. HYPERLINKING. The Symphony Sites may be hyperlinked to and by other websites that are not maintained by, or related to, Symphony. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with Symphony. Symphony has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the Sites to another web page should be accessed at the user’s own risk. Symphony makes no representations or warranties about the content, completeness, quality or accuracy of any such third party website.
10. RIGHT TO TERMINATE ACCESS. Symphony reserves the right to monitor use of the Sites to determine compliance with these Terms, as well as the right to edit, refuse to store, receive, transmit or remove any information, Content or materials, in whole or in part, at its sole discretion. Symphony reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.
11. DISCLOSURE UNDER LAW. Symphony reserves the right at all times to disclose any information or Content as necessary to satisfy any applicable law, regulation, legal process or governmental request.
13. DISCLAIMER & LIMITATIONS ON LIABILITY. In general, the Symphony Sites provide venues for Recruiters and Job Seekers to connect regarding job and career opportunities. Symphony does not screen, censor or validate the information presented and/or offers by Recruiters and Job Seekers. Symphony has no involvement in the transaction between Recruiters and Job Seekers and is not responsible for the quality, safety, accuracy, or legality of any information posted by either party, the truth or accuracy of the information posted by either party, the ability of Recruiters to offer job opportunities to Job Seekers or the ability of Job Seekers to fill job openings. Symphony does not assume any obligation to remove and/or correct any Submissions, and to the extent permitted by law, disclaims any liability for failing to take any such action. The use of all Symphony Sites and Services is at your own risk. Changes are periodically made to Symphony Sites and may be made at any time. Symphony cannot guarantee and does not promise any specific results from use of any Symphony Sites. No advice or information, whether oral or written, obtained through or from any Symphony Sites shall create any warranty not expressly stated herein.
Symphony is similarly not involved in the actual communications between users, and has no control over the accuracy, reliability, completeness, or timeliness of Profiles or user Submissions.
As with all dealings with strangers, there are risks including but not limited to individuals acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Symphony Sites. By its very nature, people’s information may be inaccurate and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Symphony Sites. Because user authentication on the Internet is difficult, Symphony cannot and does not confirm that each user is who they claim to be. In the event that you have a dispute with one or more users, you release Symphony from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
If you are a California resident, You waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You understand that Symphony cannot and does not guarantee or warrant that files available for downloading from the Symphony website will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this website. Symphony makes no representation, endorsement, or warranty, and further disclaims any responsibility to ensure, that the Submissions and Content located on the Symphony Sites is complete, up-to-date, accurate, or suitable for any particular purpose.
THE SYMPHONY SITES AND CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SYMPHONY SITES AND CONTENTS IS AT THE USER’S SOLE RISK. THE SITES, THEIR CONTENTS, AND SUBMISSIONS TRANSMITTED BY SYMPHONY ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. SYMPHONY ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.
SYMPHONY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SUBMISSIONS OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. SYMPHONY MAKES NO WARRANTIES THAT YOUR USE OF THE SUBMISSIONS OR CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SUBMISSIONS OR CONTENT.
SYMPHONY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
SYMPHONY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND MEMBERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SYMPHONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SYMPHONY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SYMPHONY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
14. INDEMNITY. You agree to indemnify and hold Symphony, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, members, and contractors (the Indemnified Parties) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
15. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Symphony by email at Legal@SymphonyTalent.com or by regular mail at:
Symphony Talent, LLC
Attn: Legal Department
98 Battery Street, 4th Floor
San Francisco, CA 94111
Please note that this procedure is exclusively for notifying Symphony and its affiliates that your copyrighted material has been infringed. Please include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the site, including the current website address;
your address, telephone number, and e-mail address;
a statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
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 respects the intellectual property of others. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Symphony Sites, you warrant and agree that you will not use any Symphony Site to infringe the intellectual property rights of others in any way. Symphony, at its sole discretion, reserves the right to terminate the accounts of any users, and terminate access to the Symphony Sites of any users who are infringers of the copyrights, or other intellectual property rights, of others. Notwithstanding the foregoing, in the event that you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Symphony as set out above.
16. SECURITY. Any passwords used for this site are for individual use only. You will be responsible for the security of your password(s). From time to time, Symphony may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Symphony sites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Symphony reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Symphony reserves the right to investigate suspected violations of these Terms. Symphony reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Symphony to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD SYMPHONY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SYMPHONY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SYMPHONY OR LAW ENFORCEMENT AUTHORITIES.
17. MISCELLANEOUS. Symphony makes no claims or representations that the Symphony Site content and Services may be lawfully viewed or accessed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access any Symphony Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any software downloaded from any Symphony Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Francisco, California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Symphony’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Symphony’s ability to enforce such term at any point in the future. No changes to these Terms shall be made except by a revised posting on this page. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Symphony as a result of this agreement or use of the Symphony Sites. These Terms and any written agreements executed by you, or by your employer and Symphony constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Symphony with respect to the Symphony Sites.