Terms of Service


Welcome and thank you for using this on-line service operated by Symbyoz, Inc, ("Symbyoz", "we", "our" or "us").

We provide a set of services ("Symbyoz.com", "Services" or "Symbyoz Services") that provide a meaningful way to collaborate on ideas and share motivation and knowledge.


Those services leverage your existing social networks, and make it easy to know what you can do for the people you trust and what they can do for you as well. Our mission is to make interactions with each other useful, fun, smart and effective.

This Terms of Use Agreement ("Agreement ") sets forth the legally binding terms for your use of the Symbyoz Services. By using the Symbyoz Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Symbyoz Website) or you are a "Member" (which means that you have registered with Symbyoz.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Symbyoz Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Symbyoz website and discontinue use of the Symbyoz Services immediately.


By registering, and becoming a Member, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these terms, you can stop using the Symbyoz Services at any time.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using Symbyoz Services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.


Table of contents


Eligibility

Use of and Membership in the Symbyoz Services is void where prohibited. By using the Symbyoz Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the Symbyoz Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age.


Terms

The contents on the Symbyoz Services are intended for your general information and use only. They are subject to change without notice and can be contributed by third parties or by other members and users.

Neither we nor any third parties, nor any member, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Services for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on the Symbyoz Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through these Services meet your specific requirements.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Symbyoz Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on your member's Account page.

Symbyoz may terminate your Account and Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Symbyoz reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, comments, notes, shared goals and resources (collectively, "Interactions")) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Symbyoz Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Symbyoz expressly reserves the right to remove your Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Symbyoz Services if Symbyoz determines, in its sole discretion, that you have violated this Agreement or pose a threat to Symbyoz, its employees, business partners, Users and/or the public.


Ownership Rights in Content

Symbyoz does not claim any ownership rights in the text, files, images, photos, video, sounds, or any other materials ("Content") that you transmit, submit, display or publish ("post") on, through or in connection with the Symbyoz Services.
After posting your Content on, through or in connection with the Symbyoz Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.

By posting any Content on, through or in connection with the Symbyoz Services, you hereby grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Symbyoz Services, including, without limitation, through the Symbyoz Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Symbyoz account ("Linked Services"). This license does not grant Symbyoz the right to sell or otherwise distribute your original Content outside of the Symbyoz Services or Linked Services without your explicit approval.
Any derivative Content (in particular image collages) created from your original Content and via the Symbyoz services are subject to the same grant and license.

After you remove your Content from the Symbyoz Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.

The license you grant to Symbyoz is non-exclusive (meaning you are free to license your Content to anyone else in addition to Symbyoz), fully-paid and royalty-free (meaning that Symbyoz is not required to pay you or anyone else deriving rights from you for the use on the Symbyoz Services of the Content that you post), sublicensable (so that Symbyoz is able to use, distribute and operate business with its affiliates and other business partners such as content delivery networks, resellers, service providers and wireless carriers to provide the Symbyoz Services), and worldwide.

You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Symbyoz Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the Symbyoz Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Symbyoz Services and/or Linked Services.

The Symbyoz Services contain Content of and from Symbyoz ("Symbyoz Content"). Symbyoz Content is protected by copyright, trademark, patent, trade secret and other laws, and Symbyoz owns and retains all rights in the Symbyoz Content and the Symbyoz Services. Symbyoz hereby grants you a limited, revocable, non sublicensable license to reproduce and display the Symbyoz Content (excluding any software code) solely for your personal use in connection with viewing the Symbyoz Website and using the Symbyoz Services.

The Symbyoz Services contain Content of other Symbyoz users and other Symbyoz licensors. Except as provided within this Agreement, and authorized by Users and other Symbyoz licensors through the means of explicitely sharing that content with you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content that is intentionally accessible to you on or through the Symbyoz Services.

Symbyoz performs technical functions necessary to offer the Symbyoz Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, the transmission of messages through Linked Services to perform interactions and communications services, and transcoding and/or reformatting Content to allow its use throughout the Symbyoz Services. In addition, you agree and acknowledge that Symbyoz may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Symbyoz Services. You can control what type of communications you receive from the Symbyoz Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails. You agree and acknowledge that Symbyoz may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials on your behalf as it will be explicitely instructed by you to do so on the Service. Your recipients will be able to unsubscribe from receiving your emails through Symbyoz.

Symbyoz reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Symbyoz Services.


Storage of Content

Symbyoz does not guarantee the storage of the Content you upload on the Symbyoz Servers. You are responsible for keeping a copy of your Content, and storing that copy in a safe and secure way.
Symbyoz reserves the right to delete or clean up Content on Symbyoz Servers at any point in time, and for any reason.


Non Disclosure

A non disclosure agreement is made and entered into as part of accepting these Terms of Service by and between Symbyoz, You (the "Second Party", or the "User") and Symbyoz Members (the "Third Parties"). WHEREAS Symbyoz, the Second Party and the Third Parties (the "Parties") have an interest in participating in online discussions, conversations and collaboration wherein either Party might share information with the other that the disclosing Party considers to be proprietary and confidential to itself ("Confidential Information"); and WHEREAS the Parties agree that Confidential Information of a Party might include, but not be limited to that Party's: (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information; NOW, THEREFORE, the Parties agree as follows:


  1. Either Party may share and disclose Confidential Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and confidential by marking it Confidential in the advanced options of an idea page the disclosing Party owns.
  2. Each receiving Party must agree to be linked by this NDA to the disclosed Confidential Information, in order to access or display the Confidential information disclosed.
  3. After agreeing to be linked by this NDA to the Confidential Information disclosed, and when informed of the proprietary and confidential nature of Confidential Information, the receiving Party ("Recipient") shall, for a period of one (1) years from the date of disclosure, refrain from disclosing such Confidential Information to any contractor or other third party without prior approval from the disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and confidential information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who has access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by the terms of this Agreement. The Recipient of Confidential Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential Information.
  4. If a receiving party do not agree to be linked by this NDA to the Confidential Information that is shared, that receiving Party will not have access to the content, and will not have any obligations of non disclosure pertaining to the Confidential information that are shared.
  5. All Confidential Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information on the other Party. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Agreement and all notes related to such Confidential Information. The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party who is not under a similar Non Disclosure aggreement about the same Confidential Information, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
  6. The terms of this Agreement shall not be construed to limit either Party's right to develop independently or acquire products without use of the other Party's Confidential Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Nothing in this Agreement will prohibit the Recipient from developing or having developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development.
  7. Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information:

    (a)Is already known to the Recipient, having been disclosed by a third party without such third party having an obligation of confidentiality to the disclosing Party; or
    (b)Is or becomes public through a change of the privacy settings to be accessible to Everyone, or through no wrongful act of the Recipient, its employees, officers, directors, or agents; or
    (c)Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder; or
    (d)Is approved for release (and only to the extent so approved) by the disclosing Party; or
    (e)Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.

  8. Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Parties.

Third Party Content

The Website may contain links to third party websites and third party content, widgets and applications (collectively, "Third Party Materials") that are not owned or controlled by Symbyoz. We allow users to use Links to Third Party Materials as a convenience; We neither endorses nor bears any responsibility for the content, privacy policies, practices or control of any Third Party Materials or any links contained therein. All policies and statements by Symbyoz herein pertaining to the Website do not apply in any way to these Third Party Materials. In addition, Symbyoz will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Symbyoz from any and all liability arising from your use of any Third Party website. Accordingly, we strongly encourage you to be aware when you add links from the Symbyoz Website to any external Third Party Materials, to read the terms and conditions and privacy policy of each other website you want to link to.


Privacy policy

Use of the Symbyoz Services is also governed by our Privacy Policy.


Premium Services

There are two primary ways we support the cost of the Symbyoz Services: Advertising and Premium Services offered through subscriptions or micro payments. You acknowledge that we reserve the right to specify and change from time to time the categories of Services we provide.

As a Member, you can purchase one or more Premium Services. The categories and prices of our Premium Services ("Premium Services Policies") can be subject to change from time to time.

You acknowledge that Symbyoz reserves the right to charge for any portion of the Symbyoz Services and to change its fees (if any) from time to time in its discretion, and for promotional or new services.

Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Symbyoz Platform. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

If Symbyoz terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize Symbyoz to charge your point card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Symbyoz. For recurring payments, you agree that Symbyoz may automatically charge the fee to your Payment Method at the beginning of each recurring period.

You acknowledge and agree that your usage of Premium Services, and in particular your usage of E-Mailing Services should strictly follow applicable laws, and in particular should be compliant with the CAN-SPAM Act and respect the Terms of this Agreement. You acknowledge and agree to indemnify Symbyoz for any liability or fees we might be subject to due to your unlawful or non compliant usage of Premium Services.

You acknowledge and agree that any point card and related billing and payment information that you provide to Symbyoz may be shared by Symbyoz with companies who work on Symbyoz's behalf, such as payment processors and/or point agencies, solely for the purpose of checking point, effecting payment to Symbyoz and servicing your account.

Except as may be set forth in applicable Premium Service Policies, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Symbyoz within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Symbyoz.


Symbucks - Virtual Currency

Symbyoz was born from the belief that technology should make it easy to inspire each other, and do more things together.
To reward our users for creating and sharing meaningful social content, we provide special treats and offers to claim with "Symbucks", our online virtual currency.
Symbucks cannot be monetized, re-sold or converted to physical or digital products or services outside of the Symbyoz service(s) or otherwise exit the virtual world without our explicit permission. Any attempt to do so is strictly prohibited by these terms.
There's no guarantee to get a treat or an offer. Even with enough Symbucks. The first person to claim a treat will be the first to get it, and our inventory is limited.

Limitation of Liability

Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.


Amendments to this Agreement

Symbyoz reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Symbyoz Services. All material modifications will apply prospectively only. Your continued use of the Symbyoz Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Symbyoz Services immediately.


Disclaimers

We are not responsible for any incorrect or inaccurate Content Posted on the Website or Published in connection with the Service, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service. The Website and the Service are provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein.


Indemnity

You agree to indemnify and hold Symbyoz and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Publishing by you of any content via the Service to an external media such as E-Mail, the participation by you to contests created on Symbyoz, the posting by you of any content on the Website) in violation of this Agreement or in violation of applicable law, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.


Copyrights and Intellectual Property

"Symbyoz" is a Trademark (#77663531) of Symbyoz, LLC. The concepts and methods for growing your social capital through interactions in Symbyoz are protected by pending US patent 12/424,361.

Symbyoz trademarks, patent, logos, images, service marks, trade names and other distinctive branding features used on the Symbyoz Website "Symbyoz Marks" are the trademarks and intellectual property of Symbyoz and may not be used or exploited without permission. Symbyoz is not granting you a license under any intellectual property right to the Symbyoz Marks. Other trademarks, logos, and trade names that may appear on the Symbyoz Service are the property of their respective owners.

We respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

We will terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and published through the Symbyoz Services in a way that constitutes copyright infringement, please contact us.


United States Export Controls

You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Symbyoz under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Symbyoz from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.


Security and Passwords

When you sign up to become a Member, you will also be asked to choose a password. If you register using a third party authentication mechanism (such as "Facebook Connect" or "Sign In With Twitter"), a password for your Symbyoz account will be automatically created and assigned to you. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Symbyoz immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.


Acceptable Use and Conduct

The following are examples of the kind of Content and Activities that are illegal or prohibited on, through or in connection with the Symbyoz Services. We reserves the right to take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending Content from out Services, terminating the Membership of such violators and/or reporting such Content or Activities to law enforcement authorities.

Prohibited Content and Activities includes, but are not limited to, Content and Activities that, in the sole discretion of Symbyoz:

  • Is offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • Harasses or advocates harassment of another person.
  • Exploits people in a sexual or violent manner.
  • Contains nudity, excessive violence, or offensive subject matter.
  • Solicits or is designed to solicit personal information from anyone under 18.
  • Violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.
  • Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
  • Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files.
  • Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming".
  • Is a criminal activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
  • Includes a photograph or video of another person that you have posted without that person's consent.
  • Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
  • Solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users.
  • Involves commercial activities and/or sales without prior written consent from Symbyoz such as contests, sweepstakes, barter, advertising, or pyramid schemes.
  • Advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of our Services.
  • Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Symbyoz Services.
  • Involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
  • Using the Symbyoz Services in a manner inconsistent with any and all Applicable Law.

Contacting Symbyoz

You may contact Symbyoz in the following ways:

admin@symbyoz.com
Feedback and comments on Facebook

Our postal address is 541 Del Medio Ave. #331 Mountain View, CA, 94040