Terms of Service
SYMPHONY EVENT ORGANIZER TERMS AND CONDITIONS
BY CREATING YOUR REGISTRANT SITE THROUGH SYMPHONY EVENT SOFTWARE ("SYMPHONY"), YOU AS THE EVENT ORGANIZER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT.
1. Permissible Use of Symphony.
By using Symphony, you agree that you will not disclose Symphony trade secrets and will not use any of the information made available to you to compete against Symphony. No competitors or future competitors are permitted access to Symphony, and any such access by third parties is unauthorized. You agree that you will not copy, record, publish, compile, reproduce, republish, use or resell for any competing commercial purpose any information obtained from Symphony and you agree to not use any device, software or routine that may extract, copy, modify, import, export, replicate, scrape or otherwise deliver, in any manner, the data and information obtained from Symphony to you or anyone else. If you do so, then you agree that Symphony shall suffer irreparable injury and that an injunction or temporary restraining order may be entered by any court sitting in the State of California prohibiting the use of such information and requiring, without limitation, that any domain name used to advertise the competing use be redirected away from the site. In addition, you agree to pay all reasonable attorneys' fees and costs incurred in enforcing these provisions. The remedy of injunction is in addition to any other remedy available to Symphony under law or in equity.
2. Privacy Policy.
Symphony agrees to maintain the information you and your registrants provide and make it available only to you. Symphony shall not be liable for any damages or injury arising from your privacy practices. You agree to indemnify Symphony from any and all claims arising from or relating to any breach of privacy or any use or misuse of information provided to you through your Registrant Site by your registrants.
3. Registrant Site Content.
You represent and warrant that the contents of your Registrant Site, such as text, graphics, logos, links to other sites, audio clips, video, photographs, software, trademarks, and other information, unless otherwise noted, were created by you or you have the lawful right to display and disseminate all such content. Additionally, you represent and warrant that your use of Symphony shall be solely for a lawful purpose and that all content provided by you to registrants or potential registrants shall at all times be lawful. Symphony has no control over, makes no representations concerning, and shall not be liable for any damages or injury arising from the content included or the representations made on your Registrant Site. You agree to indemnify Symphony from any and all claims arising from or related to any content contained on your Registrant Site and the manner in which your Registrant Site is made available or offered to potential registrants.
4. Event Responsibility.
Symphony does not provide any other products or services related to your event. All activities, services and products related to your event are provided solely by you or your agents, and not Symphony. Symphony is not responsible for examining or evaluating, and we do not warrant nor endorse the offerings at your event. Symphony has no control over, makes no representations concerning, and shall not be liable for any damages or injury arising from the content or activities of any event registered through Symphony. You agree to indemnify Symphony from any and all claims arising from or related to any products or services related to your event.
5. Warranties & Limitation of Liability.
Symphony and the content and services made available on Symphony are provided on an "AS IS" and "AS AVAILABLE" basis. SYMPHONY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. SYMPHONY DOES NOT AND CANNOT GUARANTEE THAT NO UPTIME, SERVER OUTAGE OR PAYMENT PROCESSING ISSUES WILL OCCUR. Under no circumstance shall Symphony be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of Symphony, including without limitation, any loss of registration fees paid by registrants, any loss of future sales from prospective registrants, any loss resulting from system uptime issues or any loss resulting from event or registration data loss. Notwithstanding the foregoing, in no event shall Symphony's total cumulative liability exceed the fees collective by Symphony from you.
6. Indemnification.
You agree to indemnify, defend and hold Symphony and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys' fees) resulting from (i) your use of Symphony, or (ii) your breach of any provision of this Agreement. Symphony reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Symphony in asserting any available defenses.
7. Severability.
In case any provision of this Agreement is held to be invalid, unenforceable, or illegal, the provision will be severed from this Agreement, and such invalidity, unenforceability, or illegality will not affect any other provisions of this Agreement.
8. Governing Law, Arbitration & Attorneys' Fees.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Alameda County, California, before one arbitrator. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States of America, State of California, and County of Alameda. If any litigation or arbitration is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs.
ALL REFERENCES TO "SYMPHONY" ABOVE SHALL BE DEEMED TO INCLUDE VCS INCORPORATED, NETWORK SOFTWARE SERVICES, INC. AND, AS APPLICABLE, THEIR PARENT AND AFFILIATE COMPANIES.
© 2007-2010 SYMPHONY EVENT SOFTWARE. All rights reserved.

