Terms of use

Symphonical provides a community based service, based on mutual trust and responsibility between Symphonical and you as a user. We trust that you use the Service within applicable laws and regulations, as well as in accordance with normal conduct and good business practice. As Symphonical has no ownership to Content posted within the Service, we rely on you as Account holder to take responsibility for Content posted by you or users within your Account, as well as reporting Content that you find offensive or in any way in violation of these Terms of Use.

The following terms in these Terms of Use shall have the following meaning:

• Symphonical AS (hereinafter "Symphonical"): The company and owner of the services provided on the domain symphonical.com
• Account: Each user must have their own user account to use Symphonical
• Account Holder: The person owning an user account
• Display Name: The name the Account Holder creates which will be displayed to users you share information with (e.g., nickname)
• Paying Account Holder: Legal responsible unit (person, organisation or company) who pays for services provided by Symphonical
• User: Person, Organisation or Company using Symphonical's services. Identified by an e-mail address
• Content: All content published by Symphonical or Users on the domain symphonical.com
• Content area: places where you and others you have given access to can post content, generate hyper links, upload files etc., i.e. walls and notes.

By using the services provided on the webpage www.symphonical.com (hereinafter "the Service"), you agree to be bound by the following terms and conditions ("Terms of Use").

Any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to these Terms of Use. Continued use of the Service after any such changes shall constitute your agreement to such changes. Symphonical reserves the right to update and change the Terms of Use at any time without notice.

Any violation of the Terms of Use might result in the termination of your Account.

Symphonical prohibits any conduct and posting of content which implies a violation of the Terms of Use. Thus, Symphonical will not be responsible for any such behaviour or content posted on the Service. You agree to use Symphonical at your own risk.

Account Terms

• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• You must provide a valid email address and personal password in order to complete the sign up process. All other personal identifiable information is optional. You may use pseudonyms or the like when providing your Display Name.
• You are responsible for maintaining the security of your account and password. Symphonical cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under content areas owned by your account (even when Content is posted by others who have access to it).
• If you are using a free account you are not permitted to block ads.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws and data protection laws).

Cancellation and Termination

• You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation. You may cancel your Account at any time by clicking on the Account link. The Account screen provides a simple no questions asked cancellation link. However, you have to confirm the cancellation which will be done by clicking on a link attached in an e-mail sent to your User name. This is to prevent others from deleting your Account on behalf of you.
• All of your Content and content areas will upon your request be deleted from the Service in relation to your cancellation. Deleted Content can not be recovered. Please note that Content you have provided to areas you do not own will not be deleted.
• Symphonical, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Symphonical service, when Terms of Use is violated. Such termination of the Service will result in the deactivation of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

Modifications to the Service

• Symphonical reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without any personal notice.
• Symphonical shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Copyright and Content Ownership

• Symphonical claims no intellectual property rights to the Content you provide on the Service. Content, profile(s) and other material(s) uploaded will be your proprietory right. However, by setting content areas to be shared publicly, you agree to allow others to view and share your Content, profile(s) and uploaded material(s).
• The look and feel of the Service is Copyright © 2006-2011 to Symphonical AS. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Symphonical.

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
• Technical support is only provided to paying Account Holders.
• You understand that Symphonical uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Symphonical, or any other Symphonical service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the written permission by Symphonical.
• Symphonical will remove Content and Accounts containing Content that we find, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party\'s intellectual property right, data protection right or in any other way are in violation of these Terms of Use.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Symphonical User, employee, member, or officer will result in immediate termination of your Account.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• Symphonical does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that (v) any errors in the Service will be corrected.
• You expressly understand and agree that Symphonical shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Symphonical has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
• The failure of Symphonical to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Symphonical and govern your use of the Service, superceding any prior agreements between you and Symphonical (including, but not limited to, any prior versions of the Terms of Use).
• Questions about the Terms of Use should be sent to support@symphonical.com.