Symposium Terms of Service
Symposium provides various live video and voice communication services, as well as recorded video messaging (“Services”). Your use of the Services and the Symposium web site(s), and/or mobile applications (collectively, the “Sites”), including, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, recordings, and software programs contained in the Sites and related materials, is governed by these terms and conditions of use (“Terms of Service”).
The Services and the Sites are provided by Symposium Corporation, Inc., doing business as “Symposium”.
By visiting and using the Sites or Services, you acknowledge that you have read the Terms of Service and that you accept and agree, without limitation or qualification, to be bound by the terms hereof. Symposium reserves the right, at its sole discretion, to change these Terms of Service from time to time, and your continued access to and use of the Sites and/or Services will be deemed to be your acceptance of and agreement to any such changed terms and conditions. If you do not wish to be bound to these Terms of Service (or any revisions to these Terms of Service), you must discontinue use of the Sites and the Services and immediately cancel your Account by calling our Customer Service helpline at 1(888) 838-3189.
PLEASE NOTE: Neither these Terms of Service, nor the use of Symposium Sites creates an independent contractor, employee/employer relationship, partnership, joint venture, or franchiser/franchisee relationship between the User and Symposium. It is the intention of Symposium that the user of these Sites will be an independent provider of information only, and is not to be considered an expert or independent contractor for Symposium or Symposium’s employee for any purposes. User acknowledges that Symposium provides only an Internet-based marketplace for individuals willing to share personal information, content, and services and individuals seeking to acquire personal information, content, and services from them. User further acknowledges that Symposium does not directly or indirectly engage User to render any services whatsoever and that any engagement of the User’s services through the Sites is undertaken solely by the individual who has selected the User through the Sites to provide informational services. All purchases of Services using credit cards, debit cards, bank accounts, or other payment mechanisms shall only be made by the card or account holder user to the provider of the Service.
RULES OF SERVICE
Not for Use in Certain Jurisdictions
The Services may not be used by residents of any jurisdiction where such use is prohibited.
To access the Services, you must create an Account. You certify that the information given to Symposium upon opening your Account, as well as all subsequent changes you make to your account, is true and complete. Symposium will not be responsible for any false statements you make in connection with your Account.
Payment and Charges
You agree to pay for all Services purchased using your Account. Charges are calculated based on the full amount of the service provided. For all purchases of Services, you agree that you will use only credit cards, debit cards, bank accounts, or other payment mechanisms for which you are the authorized card or account holder.
Confidentiality of Account Information
You agree to maintain the confidentiality and control of your Account information, and to notify the Company of any unauthorized use of your Account, or any other breach of security.
Recording and Retention of Services
You agree that you will not use any audio recording or retention devices/technology in connection with Services, and you will not otherwise make any recordings, copies, scans, or transcriptions of Services including phone, video, chat or direct message, without the prior written consent of Symposium. You acknowledge and agree that Symposium may record video, audio, chat and direct messages of any and all services provided through its Web Site, Web and/or Mobile Applications (collectively, the “Sites”), including, without limitation, all content, information, text, questions, comments, ideas, video, voice, graphics, images, tools, recordings, and software programs contained in the Sites and related materials. Although Company may provide you with access to recordings of your Video and Audio content, chat and direct messages, you acknowledge and agree that, at any time in its discretion, Company may (i) delete such recordings, and/or (ii) terminate your access to such recordings.
Refusal of Services
Dispute of Services
We do not guarantee ANY outcome of user communication, but we will do our best to ensure that you enjoy your experience. To ensure your satisfaction and experience, we provide a convenient Customer Service Helpline to assist you with any dispute of your most recently paid meeting or Service.
- To dispute any Service, please call our Customer Service helpline at 1 (888) 838-3189 within 24 hours of the Service in question. If you do not dispute a service within 24 hours of the Service completion, we reserve the right to refuse any claim of loss.
- If you make a request within 24 hours, we will investigate your request. Any determination of loss is at the sole discretion of Symposium based on the circumstances of the investigation. For Audio and Video related Services, any reward will be based on the length of the Service; provided, however, no reward granted can exceed the amount of the original service. Service investigations should not be abused, or the user may risk account suspension or deletion.
- To be eligible to receive any reward to your Account, you must have an Account that is active and in good standing.
- Only genuine issues relating to your satisfaction with the Service in question (as determined at our sole discretion) will be considered for a reward request. We fully reserve the right to refuse to issue any rewards.
DISCLAIMER – NO PROFESSIONAL ADVICE
Information provided through our Services, on the Sites, and in other Symposium materials, including, but not limited to, information provided in video communication, voice communication, messaging, chat, newsletters, blogs, and meetings, is for informational purposes only. Information from the Company or its affiliates or their employees or contractors, including, but not limited to, the users, is not intended to be a substitute for any professional advice, including, but not limited to, (a) professional medical advice, diagnosis, or treatment, (b) professional financial or investment advice or guidance, or (c) professional legal advice. Never disregard or delay seeking professional medical advice or other professional advice because of something you have read or heard, on the Sites or information received through our Services. The Company is not engaged in the practice of medicine or law and does not recommend or endorse any specific products, procedures, treatments, medications, opinions, or other information that may be mentioned, discussed, or described on the Sites or in Symposium materials or through our Services. The Company is not engaged in the business of providing financial or investment advice and its employees and contractors are not registered financial advisors. Your reliance on the information provided by the Company, by a Symposium employee or contractor, by a third party moderator, by Symposium sponsors, or by other users of the Sites or Services is solely at your own election or choice. Any and all decisions that you make that are based in whole or in part upon information provided by the Company, its employees, its contractors, its sponsors, its users, or otherwise available on the Sites, will be your sole and exclusive responsibility.
DISCLAIMER – NO MONITORING OF USAGE
Neither the Company nor any of its affiliates has any responsibility or obligation to notify you of your accumulated charges or other expenses with us. The amount of time you spend with the user will be reflected in your charges and is solely at your own election or choice. The Company does not monitor usage patterns and is under no obligation to any customer to take any action or to refrain from taking any action with respect to usage of the Sites or Services.
No advice or information, whether oral or written, obtained by you from the Company or its affiliates through the Sites or Services shall create any warranty, representation or guarantee not expressly stated in these Terms of Service. The Company makes no warranty or representation that availability or use of the Sites or Services will be uninterrupted or error-free. The information provided on, from or through the Company, its Services and the Sites is provided “as-is” and “as available,” and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement). The Sites and related information and Services may contain bugs, errors, problems or other limitations or omissions. The Company and its affiliates have no liability whatsoever for your use of the Sites and Services and any such information or service.
LIMITATION OF LIABILITY
You expressly understand and agree that neither the Company nor any of its directors, employees, shareholders, affiliates (including parent or subsidiary companies), agents, representatives, joint venture parties, independent contractors, third-party information providers, merchants or licensors (collectively “Company Parties”), will be liable to you, in contract or in tort, for any loss or damages, either actual or consequential, arising out of or relating to these Terms of Service or to your (or any third party’s) use or inability to use the Sites or the Services, or to your reliance upon any information. In particular, the Company Parties will have no liability for damages of any kind, including, without limitation, compensatory, consequential, direct, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation; errors; loss of data, income, or profit, loss or damage to property; or interruption in availability of data), arising out of or relating to these Terms of Service, your use or inability to use the Sites or the Services, or to your reliance upon any information, whether based in verbal agreement, contract, tort, statutory or other law. The remedies provided for under these Terms of Service are exclusive and are limited to those expressly provided for in these terms. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.
The disclaimers and limitation of liability set forth herein are fundamental elements of the basis of the bargain between the Company and you. The Sites and the information provided therein and the Services would not be provided without such disclaimers and limitations.
Any articles, press clippings or other third-party publications (collectively, “Publications”) made available through the Sites are furnished by the Company for your convenience and entertainment. The Company is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers or other information made available by third parties, including Doctors, Lawyers, Counselors, Tutors, or ANY information providers, or any user of the Sites, are those of the respective author(s) or publisher(s) and not of the Company or its affiliates. The Company disclaims any representation, either express or implied, that the information in such publications is accurate or complete.
RESTRICTIONS AND COMPLIANCE WITH LAWS
Your right to use the Sites and the Services is personal to you. You are solely responsible for the contents of your transmissions through the Sites and your use of the Services is subject to all applicable local, state, national and international laws and regulations. By using the Sites or the Services, you agree:
- not to use the Sites or the Services for illegal purposes
- not to interfere with or disrupt networks connected to the Sites
- to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the Sites or the Services to send electronic mail
- not to use the Sites or the Services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature
- not to use false identities or impersonate any person or your affiliation with any person or entity
- not to transmit any sexually explicit communications, photographs, or other materials
- not to transmit any files containing software viruses or other harmful computer code
- not to interfere with any other user’s access to or use of the Sites or the Services
- not to speak or act in a manner that is deemed by a user to be inappropriate, abusive, or threatening.
The Company reserves the right, in its sole discretion, to immediately terminate your access to and use of the Sites or the Services, including your right to any rewards, for any violation of these Terms of Service.
LINKS TO SPONSORS AND OTHER THIRD PARTY SITES
The Sites may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that the Company shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Sites.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Sites does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Sites, or based on such third party’s participation or presence on the Sites, are solely between you and the third party. Symposium makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Sites to access any Third-Party Pages or Third-Party Applications, you do so AT YOUR OWN RISK.
INTELLECTUAL PROPERTY RIGHTS AND INAPPROPRIATE USE OF SITES
The content on or delivered through the Sites, including, without limitation, all designs, text, messages, communications, documents, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Company’s licensors, and other files or information (“Content”), and the selection and arrangement thereof, is proprietary property and protected by copyright, trademark, and other intellectual property laws under both United States and foreign laws. Any use of Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Company hereby authorizes you to view Content for non-commercial personal use only. You shall not record or otherwise copy any Content. Specifically, and without limiting the foregoing, you shall not use any audio/video recording or retention devices/technology in connection with meetings, and you will not otherwise record, copy, scan, or transcribe meetings, including meetings by phone, chat or direct message, without the prior written consent of the Company. All rights not expressly granted herein are reserved to Company and its licensors.Except as expressly provided above, you may not otherwise copy, display, download,
distribute, modify, post, reproduce, republish or retransmit any Content contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such Content, without the express written consent of the Company. No information or statement contained in these Terms of Service or the Sites shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of the Company, its affiliates, or any third party.
You may not, without Company’s written permission, “mirror” any Content contained in the Sites or any other server. You may not use the Sites for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites through hacking, password mining or any other means. The Company may, at our sole discretion, limit, restrict, or terminate the access and use of the Sites of any users at any time, for any reason or for no reason at all, without prior notice or any notice.
MATERIAL YOU SUBMIT
You acknowledge that you are responsible for any information or material you provide to the Company or post, upload, input, submit, or transmit to the Sites (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Sites any content which is libelous, scandalous, inflammatory, defamatory, discriminatory, false, vulgar, obscene, pornographic, profane, harassing, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views, or disability, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Additionally, you agree that you will not: (a) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (b) post a chain letter or pyramid scheme; (c) impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Company, exposes Company or any of its licensors, partners, or customers to any liability or detriment of any type.
ALL Meetings/Recordings shall be deemed to be non-confidential and nonproprietary. The Company shall have no obligation of any kind with respect to such Meetings/Recordings and shall be free to reproduce, use, disclose, modify, display and distribute the Meetings/Recordings to others without limitation. By transmitting such Meetings/Recordings to the Company and the Sites, you automatically grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Meetings/Recordings. By making certain selections, you may also permit any other user of the Sites to access, view, store, or reproduce the Meetings/Recordings for that user’s personal use. Without limiting the generality of the foregoing license, if you send Meetings/Recordings consisting of “testimonials,” you acknowledge that you grant the Company the right to publicly display all or a part of such Meetings/Recordings on the Sites or in any other format or media at any time.
Although the Company does provide Services intended to protect the confidentiality of users, any Meetings/Recordings containing confidential information from you and any other user may be deemed NOT to be confidential, if shared by either user to other users, willfully or accidentally, for any purpose.
These Sites (including, without limitation, text, photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and the Company, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising the Sites are also copyrighted works, and the Company, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in the Sites. By posting or submitting content on or to the Sites (including the Company’s blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are granting the Company and its affiliates, agents and third party contractors the right to display or publish such content on the Sites and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any submissions to the Sites made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Sites, compile, re-edit, adapt or modify your Meetings/Recordings or create derivative works therefrom, either on a stand-alone basis or in combination with other Meetings/Recordings, and (unless you and we agree otherwise) you shall have no rights with respect thereto and the Company, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You shall be solely responsible for your own Meetings/Recordings and the consequences of posting or publishing them. In connection with each of your Meetings/Recordings you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company, its affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Meetings/Recordings to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Meetings/Recordings in the manner contemplated by the Company and these Terms of Service. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company, this Sites or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
We reserve the right to edit, remove or not publish Meetings/Recordings without prior notice.
NOTICE AND TAKEDOWN PROCEDURES
If you are a copyright owner or agent thereof and believe that any Submission accessible on or from the Sites infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows: By mail: c/o Symposium Copyright, 2700 E. Sunset Rd. Ste 18, Las Vegas, NV 89120; or by email to: firstname.lastname@example.org
You agree to indemnify, release, and hold harmless the Company Parties from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Service, and (ii) your use of, or inability to use, the Sites or the Services.
Except as specifically provided otherwise herein, the interpretation and enforcement of these Terms of Service and any disputes related to or arising out of your agreements with the Company or use of the Sites or Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. Notwithstanding the foregoing, the arbitration agreement set forth below shall be governed by the Federal Arbitration Act (as described further below).
You hereby waive all rights to trial in any action or proceeding instituted in connection with the Service or
these Terms. Any controversy or claim arising out of or relating to the Service or these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the county of Clark, in the state of Nevada.
These Terms of Service constitute the sole agreement between you and the Company and its affiliated entities relating to your use and our provision of the Sites and the Services and the subject matter hereof.
Last Updated: October, 2017