For media related to or questions regarding Terms and Conditions, Terms of Use, the service, our websites, the Application, SymTell, it's use, any legal information , or any service, refer to the links at the bottom of the page.
Welcome to SymTell.com (the “
To contact DA please use the following link: http://www.deeperarts.com/ContactUs.html.
By using the Service, you accept and agree to be bound by the Terms of Use. You may not use the Service and may not accept the Terms of Use if (a) you are not of legal age to enter into this legal agreement and abide by the Terms of Use, or (b) you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
Sometimes, other companies may be providing the Service to you on behalf of DA itself. You acknowledge and agree that they are entitled to provide the Service to you.
Nothing in the Terms of Use should in any manner be construed to confer any rights to any users or third party beneficiaries.
Updates to these Terms of Use will appear on this Application and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Your continued use of this Application after any such changes constitutes your consent to such changes.
In order to access the Service, you may be required to provide information about yourself (such as identification, contact information, or billing payment methods) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to DA will always be accurate, correct and up to date.
You agree to use the Service only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any aspect of the Service by any means other than through the interface that is provided by DA, unless you have been specifically allowed to do so in a separate agreement with DA. You specifically agree not to access (or attempt to access) any aspect of the Service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service.
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
Unless you have been specifically permitted to do so in a separate agreement with DA, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
You agree that you are solely responsible for (and that DA has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which DA may suffer) of any such breach.
You acknowledge and agree that the Service may be modified at any time by DA for any reason, without notice, and without liability to you, any other user of the Service or any third party. Any new feature that alters the current Service shall be subject to the Terms of Use.
You agree to pay a subscription fee for the Service and DA may charge your billing payment method for any such payment. All charges will be billed to the billing payment method you designate when you first register. If any of your billing information changes, you must update that information prior to your next billing payment.
The price of the Service is subject to change by DA at any time however, before you are charged a higher subscription fee, you will be given a minimum of thirty (30) days notice. If for any reason the subscription billing rate is lowered, you will not receive notice.
The Service enables you to create, store, encode, and send, as well as to receive, decode, and review, text and graphic information. You also may be able to access or store additional information including data files, computer software, music, audio files or other sounds, photographs, videos, or other images as part of or through your use of the Service (collectively all of this information is referred to as “
User Content is the sole responsibility of the person from which such content originated. DA has no responsibility to you or to any third party for any User Content that you create, transmit, display, or receive.
You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will DA be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content created, stored, sent, encoded, posted, received, decoded, reviewed, or interpreted in any manner via the Service by you or other users of the Service.
You acknowledge that DA does not monitor, pre-screen, review, flag, filter, refuse, modify (other than encoding and decoding), remove, or endorse User Content transmitted or received through the Service. If DA discovers User Content that does not appear to conform to the Terms of Use, DA may investigate and determine in good faith and in its sole discretion whether to remove the User Content and to prevent the sender from further use of the Service. DA will have no liability or responsibility for performance or non-performance of such activities.
You agree that you must evaluate, and bear all risks associated with, the use or interpretation of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You understand that the technical processing and transmission of the Service, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) vagaries of encoding that could potentially result in unintended language.
This Service will display product offerings that can be purchased through third party websites.
You acknowledge and agree that DA (or DA’s licensors) own all legal right, title, and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with DA, nothing in the Terms of Use gives you a right to use any of DA’s trade names, trade marks, logos, domain names, and other distinctive brand features and content, including, but not limited to symbols representing emotions, traits, or other terms (all collectively referred to as “
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.
You agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
DA acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Use in or to any User Content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that DA has no obligation to do so on your behalf.
DA authorizes you to view and use the Application and Assets solely for your personal, non-commercial use and only within the context of the Service. You may not, and you may not permit anyone else to, sell the Assets or reproduce, display, distribute, or otherwise use the Assets in any manner for any commercial purpose without the written permission of DA. You may not modify or create derivative works of this Application or the Assets for commercial reasons except for the sole purpose of purchasing goods from this website or affiliated websites accessed directly through this website or by hyperlinks on this website.
You may not lease, sublease, loan, sell, or sublicense your rights to use the Application or Assets. You may not, and you may not permit anyone else to, reverse engineer, decompile or disassemble the software used in connection with this Application. You may not use any network monitoring or discovery software to extract any information about the architecture of this Application, its usage, or individual identities of users. You may not use any automatic software or device, such as robots or spiders, or any other process, even if manual, to monitor or copy the Application, without the express prior written permission of DA.
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to abide by all applicable local, state, national, and international laws and regulations in using the Service, and not to use the Service for any purpose that is prohibited by the Terms of Use.
You agree not to: (a) use the Service for illegal purposes; (b) use the Service in any manner which violates the rights of a third party, including without limitation intellectual property rights; (c) use the Service to send, post, or communicate material which will defame or is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, confidential, proprietary, or otherwise objectionable; (d) use the Service for any commercial purpose; (e) send, post, or communicate any links to any external Internet website that are obscene or pornographic or to send, post, or communicate commercial advertisements, chain letters, pyramid schemes, or personal ads; (f) promote or provide instructional information about illegal activities or that promote physical harm or injury against any group or individual; or (g) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive, or harmful nature.
International users agree to comply with their own laws regulating the export of data to the United States or your country of residence.
While DA prohibits such conduct and User Content that is not consistent with the Terms of Use in connection with the Service, you acknowledge and agree that you nonetheless may be exposed to such conduct and/or User Content and that the use of the Service is entirely at your own risk without any liability to DA.
You agree that DA has no responsibility or liability for the deletion or failure to store any User Content created, sent, posted, or received by or through the Service. You acknowledge and agree that while DA may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of the Service, such fixed upper limits may be set by DA at any time with or without notice, entirely at DA’s discretion.
If you decide to access or use any third party websites through hyperlinks on this Application or included in messages received from users of the Service, you do this entirely at your own risk. The linked sites are not under the control of DA and DA is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites.
If DA provides links, then DA is providing them for you only as a convenience, and the inclusion of any link does not imply endorsement by DA of the site. Goods or services may be purchased from third party websites through links. If for any reason you purchase goods or services through a third party website and are dissatisfied in any manner, you agree to resolve your issue with the owner of that third party website and not DA, and furthermore you agree to not seek the assistance of DA in such matter.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to DA for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify DA immediately
As a condition of using the Service, you agree to the terms of the Privacy Policy associated with the Application. DA will provide you notice of any significant changes to the Privacy Policy. You understand and agree that DA may access, preserve, and disclose some of your personal information and User Content in order to provide the Service or if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of DA, its affiliates or the public. Personal information and User Content collected by DA may be stored and processed in the United States or any other country in which DA or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
Please read our Privacy Policy.
DA and its affiliates, licensors, partners, suppliers, consultants and agents (collectively referred to as "DA Associates") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or User Content or Assets displayed on the Service. The DA Associates disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service.
THE SERVICE, AND ALL MATERIALS, ASSETS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR USER CONTENT CREATED, SENT, POSTED, RECEIVED, ACCESSED, OR REVIEWED THROUGH THE SERVICE), AND ANY RELATED PRODUCTS AND SERVICES INCLUDED OR ACCESSED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE DA ASSOCIATES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
You agree to hold harmless and indemnify DA Associates from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, DA will provide you with written notice of such claim, suit or action.
UNDER NO CIRCUMSTANCES WILL DA ASSOCIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT DA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DA ASSOCIATES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
These Terms of Use will apply to your use of the Service. You may cease your use of the Service immediately at any time.
DA may terminate your use of the Service immediately for any of the following reasons:
If you cease using the Service or your use of the Service is terminated for any reason the Intellectual Property, Use of Application and Assets and Limitations on Your Use, Links to Third Party Websites including Websites Selling Products, Disclaimer of Warranties, Indemnities, Limitations of Liability and Other provisions shall survive any such termination or cessation of use and no additional subscription payments will be billed to you.
DA may provide you with notices regarding the Service or these Terms of Use by email or postings to this website.
These Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Hennepin County, Minnesota. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without DA’s prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall DA be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree that if DA does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which DA has the benefit of under any applicable law), this will not be taken to be a formal waiver of DA’s rights and that those rights or remedies will still be available to DA.
These Terms of Use constitute the entire agreement between you and DA with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.
For questions regarding Terms and Conditions, Terms of Use, the service, our websites, the Application, SymTell, it's use, any legal information , or any service, contact us below.
March 31, 2010
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