terms of service
The following terms and conditions govern all use of the Symbook website and all content, services and products available at or through Symbook (taken together, Symbook). Symbook is owned by Symbook ApS and operated by Mediaworkers I/S. Symbook 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 Mediaworkers I/S (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, 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 symbook or use any services. If these terms and conditions are considered an offer by Symbook, acceptance is expressly limited to these terms.
- Your Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mediaworkers I/S may change or remove any content, description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Mediaworkers I/S liability. You must immediately notify Mediaworkers I/S of any unauthorized uses of your account or any other breaches of security. Mediaworkers I/S will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- The only accepted method for canceling your account is via the Symbook website account settings. An email or phone request to cancel your account is not considered cancellation.
- if you cancel your account all remaining credits, symbooks and data will be permanently deleted and cannot be retrived.
- Responsibility of Contributors. If you post material to Symbook, post links on Symbook, or otherwise make (or allow any third party to make) material available by means of Symbook (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, links or any other material. By making Content available, you represent and warrant that:
- the downloading, printing and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (1) received permission from your employer to post or make available the Content, including but not limited to any software, or (2) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mediaworkers I/S or otherwise.
By submitting Content to Symbook, you grant Symbook ApS a world-wide, royalty-free, and non-exclusive license to use the Content as a demonstration of the Symbook service. If you delete Content, Symbook ApS will use reasonable efforts to remove it from Symbook, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Symbook ApS & Mediaworkers I/S has the right (though not the obligation) to, in their sole discretion (1) refuse or remove any content that, in Symbook ApS or Mediaworkers I/S's reasonable opinion, violates any Symbook ApS or Mediaworkers I/S policy or is in any way harmful or objectionable, or (2) terminate or deny access to and use of Symbook to any individual or entity for any reason, in Symbook ApS or Mediaworkers I/S's sole discretion. Symbook ApS or Mediaworkers I/S will have no obligation to provide a refund of any amounts previously paid.
- Support. All support is handled directly on the Symbook website. neither Symbook ApS or Mediaworkers I/S will respond to support requests sent directly to Symbook ApS or Mediaworkers I/S. No user or account-holder of Symbook has any regal right to support, and all possible support is solely provided as a sign of goodwill and intend to keep the Symbook service at its highest.
- Credits & Payment. To use the Symbook service you will need to purchase "credits" (with a creditcard or promotion code). Purchasing credits is a manual, single and non-refundable transaction, and no additional fees or transactions will be preformed after the purchase. Credits can not be given, traded or moved to other accounts. Credits have no real-world value and can only be used on Symbook and its current and future services.
- Views.
Symbook uses "views"
as a method of paying for the bandwidth
/ traffic
that each individual symbook uses.
Views however does not reflect the size, content or number of pages in an individual symbook magazine. The price is currently the same for all
Symbook magazines.
Should your account
reach 0 views, your symbook magazines will be disabled untill such a time that you add more views.
- Acquiring views. Views are converted from credits. Each Conversion of credits to views is permanent and not refundable.
- Calculation. Symbook calculates views by individual session, and saves a range of data provided with each view. Also a range of messures are built in the calculation to prevent abuse. Should you feel that your views have been tampered with, you are welcome to contact support. However Symbook ApS and Mediaworkers I/S disclaims any responsibility for any outside tampering with views, reserving the right to deny refunding of "lost" views.
- Responsibility of Website Visitors. Symbook ApS or Mediaworkers I/S has not reviewed, and cannot review, all of the material, including computer software, posted to Symbook, and cannot therefore be responsible for that material's content, use or effects. By operating Symbook, Symbook ApS or Mediaworkers I/S 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. Symbook may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Symbook 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. Symbook ApS and Mediaworkers I/S disclaims any responsibility for any harm resulting from the use by visitors of Symbook, 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 Symbook and webpages to which Symbook links, and that link to Symbook. Symbook ApS and Mediaworkers I/S does not have any control over those non-Symbook websites and webpages, and is not responsible for their contents or their use. By linking to a non-symbook website or webpage, Symbook ApS or Mediaworkers I/S 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. Symbook ApS and Mediaworkers I/S disclaims any responsibility for any harm resulting from your use of non-Symbook ApS or non-Mediaworkers I/S websites and webpages.
- Copyright Infringement and DMCA Policy. As Symbook ApS and Mediaworkers I/S 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 Symbook violates your copyright, you are encouraged to notify Symbook ApS or Mediaworkers I/S. Symbook ApS or Mediaworkers I/S 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 Symbook ApS or Mediaworkers I/S or others, Symbook ApS or Mediaworkers I/S may, in their discretion, terminate or deny access to and use of Symbook. In the case of such termination, Symbook ApS or Mediaworkers I/S will have no obligation to provide a refund of any amounts previously paid to Symbook ApS or Mediaworkers I/S.
- Intellectual Property. This Agreement does not transfer from Symbook ApS or Mediaworkers I/S to you any Symbook ApS or Mediaworkers I/S or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Symbook ApS and Mediaworkers I/S. Symbook ApS, Mediaworkers I/S, symbook.com, mediaworkers.dk, and all other trademarks, service marks, graphics and logos used in connection with Symbook are trademarks or registered trademarks of Symbook ApS or Mediaworkers I/S or their licensors. Other trademarks, service marks, graphics and logos used in connection with Symbook may be the trademarks of other third parties. Your use of Symbook grants you no right or license to reproduce or otherwise use any Symbook ApS or Mediaworkers I/S or third-party trademarks.
- Changes. Symbook ApS and Mediaworkers I/S reserves the right, at their 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 Symbook following the posting of any changes to this Agreement constitutes acceptance of those changes. Symbook ApS and Mediaworkers I/S may also, in the future, offer new services and/or features through Symbook (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.
- Termination. Symbook ApS or Mediaworkers I/S may terminate your access to all or any part of Symbook at any time, with or without cause, with or without notice, effective immediately. 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. Symbook is provided "as is". Symbook ApS and Mediaworkers I/S 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 Symbook ApS or Mediaworkers I/S nor its suppliers and licensors, makes any warranty that Symbook will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Symbook at your own discretion and risk.
- Limitation of Liability. In no event will Symbook ApS or Mediaworkers I/S, 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: (1) any special, incidental or consequential damagaes; (2) the cost of procurement or substitute products or services; (3) for interpution of use or loss or corruption of data; or (4) for any amounts that increase the fees paid by you to Symbook ApS or Mediaworkers I/S under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Symbook ApS or Mediaworkers I/S 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 represent and warrant that (1) your use of Symbook will be in strict accordance with the Symbook Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (2) your use of Symbook will not infringe or misappropriate the intellectual property rights of any third party.
- Quality of service. Symbook ApS and Mediaworkers I/S intend to keep access to Symbook at its best. However Symbook ApS and Mediaworkers I/S can not give any legal agreement or promise toward the acess or quality of service. Neither Symbook ApS or Mediaworkers I/S nor its suppliers and licensors, makes any warranty that Symbook will be error free or that access thereto will be continuous or uninterrupted.
- Indemnification. You agree to indemnify and hold harmless Symbook ApS and Mediaworkers I/S, 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 Symbook, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Symbook ApS and Mediaworkers I/S and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Symbook ApS or Mediaworkers I/S, or by the posting by Symbook ApS or Mediaworkers I/S of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Symbook will be governed by the laws of Denmark, 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 state and federal courts located in Denmark.
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; Symbook ApS or Mediaworkers I/S 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.
