The following terms and conditions govern all use of the Symmetrys website and all content available at or through the website (taken together, the Website). The Website is owned and operated by Symmetrys (“Symmetrys”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Symmetrys (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Symmetrys, acceptance is expressly limited to these terms.
Responsibility of Website Visitors
Symmetrys has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Symmetrys does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Symmetrys disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Symmetrys links, and that link to Symmetrys. Symmetrys does not have any control over those non-Symmetrys websites and webpages, and is not responsible for their contents or their use. By linking to a non-Symmetrys website or webpage, Symmetrys does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Symmetrys disclaims any responsibility for any harm resulting from your use of non-Symmetrys websites and webpages.
Copyright Infringement and DMCA Policy
As Symmetrys asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Symmetrys violates your copyright, you are encouraged to notify Symmetrys in accordance with Symmetrys’ Digital Millennium Copyright Act (“DMCA”) Policy. Symmetrys will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Symmetrys or others, Symmetrys may, in its discretion, terminate or deny access to and use of the Website.
This Agreement does not transfer from Symmetrys to you any Symmetrys or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Symmetrys. Symmetrys and all other trademarks, service marks, graphics and logos used in connection with Symmetrys, or the Website are trademarks or registered trademarks of Symmetrys or Symmetrys’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Symmetrys or third-party trademarks.
Symmetrys’ Right to Feedback
Notwithstanding other sections of this license, for all Content you Contribute that is feedback, product know-how and techniques, product ideas, product concepts, product suggestions and bug reports (“Feedback”) you grant Symmetrys for all present and future Intellectual Property Rights pertaining to the Feedback a non-exclusive, perpetual, irrevocable, world-wide, royalty-free and unrestricted fully paid-up license to use such Content for any purpose and in any way it chooses including by methods that have not yet been invented or conceived, with or without you being credited, and you agree and acknowledge that Symmetrys may use this Feedback for free and without any compensation to you.
Symmetrys reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Symmetrys may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Symmetrys may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Symmetrys and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Symmetrys nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, you may enjoy listening to a chill out track (which you can find here) when you have finished. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Symmetrys, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Symmetrys shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Symmetrys, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Symmetrys and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Symmetrys, or by the posting by Symmetrys of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in England.
THIS SECTION MAY NOT APPLY TO YOU Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, England, in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Symmetrys may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These terms are largely based upon the WordPress Terms of Service (as found on OwnTerms wiki, and are licensed under a Creative Commons Sharealike license. This means that you are free to use and edit them for your own purposes, even commercially, provided you release your new versions under the same license.
SYMMETRYS IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THESE DOCUMENTS DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. SYMMETRYS PROVIDES THIS INFORMATION ON AN “AS-IS” BASIS. SYMMETRYS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.