TERMS OF USE AGREEMENT

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.

Symbaloo, B.V. ("Symbaloo"), offers the opportunity for third parties to use Symbaloo’s technology to setup their own custom Symbaloo branded environment, which runs on a subdomain of Symbaloo or on a different chosen/user-selected domain name or URL (the “Site User’s Site”). The software, database and technology are hosted on Symbaloo’s servers. These Terms of Use shall apply to all websites owned and/or operated by the Symbaloo Network, Inc., including without limitation the websites on which these Terms of Use are posted, websites affiliated with Symbaloo’s parents, subsidiary and/or related entities, whether or not referred to directly as Symbaloo, and any Site User’s Site. Symbaloo maintains this and other websites as a service to its customers. By accessing and/or using the web sites owned, operated and/or maintained by Symbaloo (the "Symbaloo Sites"), you are expressly agreeing to comply with and be bound by the following Terms of Use and Symbaloo’s Privacy Policy separately provided, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SYMBALOO SITES AND MUST NOT ACCESS OR USE THEM. Symbaloo may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Symbaloo Sites indicates your agreement with any such changes.

You further understand and agree that any updates, enhancements or added features of any Symbaloo Sites or services, as well as the removal of such updates, enhancements or added features, shall be made part of these Terms of Use. Additionally, certain of the Symbaloo Sites may be subject to registration, processing and handling fees and/or subject to additional terms of use. You are responsible for promptly paying those fees to insure your right to access the associated Symbaloo Sites and/or services.

COPYRIGHT OWNERSHIP

The materials on the Symbaloo Sites are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. Symbaloo shall own and retain all rights to the Content provided by Symbaloo, as well as the URL’s for the Symbaloo Sites and Site User’s Site. Symbaloo shall own all rights, title, and interest in and to all other elements, materials, data, graphics, and code including all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code utilized in connection with the Site User’s Site, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Site User’s Site. If you breach any of these Terms, your authorization to use the Symbaloo Sites automatically terminates.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Symbaloo of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Symbaloo, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Symbaloo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Symbaloo has the right to immediately suspend or terminate your account, assume control over any user selected URL, and refuse any and all current or future use of the Symbaloo Sites or related products and services (or any portion thereof).

Symbaloo makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, You also give your child permission to access many areas of the Symbaloo Sites related to the registration, including email, message boards and other registration related information. Please remember that the Symbaloo Sites and Symbaloo services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Symbaloo Sites areas and/or content are appropriate for your child.

USER RESTRICTIONS

In consideration of being allowed to use the Symbaloo Sites, you agree to all of the following:

ADVERTISING

In its sole discretion, Symbaloo may generate revenue (for example, sell advertising and/or sponsorships) via the use of any third party custom Symbaloo branded environment. All revenue and profits generated from such activities shall exclusively belong to Symbaloo and you have no right any portion thereof and/or right to any accounting.

CONFIDENTIAL INFORMATION

Symbaloo does not want to receive confidential or proprietary information from you through the Symbaloo Sites. Any material, information or other communication ("Communications") you transmit or post to the Symbaloo Sites will be considered non-confidential and non-proprietary. Symbaloo will have no obligations with respect to the Communications. Symbaloo and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

USER SUBMISSIONS AND CONTENT

You understand that all information other than the chosen password (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such information/materials originated. This means that you, and not Symbaloo, are entirely responsible for anything that you upload, post, email, transmit or otherwise make available via the Symbaloo Sites. Symbaloo does not control what is posted on the Symbaloo Sites and, as such, does not guarantee the accuracy, integrity or quality of such used-provided materials. You understand that by using the Symbaloo Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Symbaloo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Symbaloo Sites.

Symbaloo does not claim ownership of any content submitted and/or posted by you on any Symbaloo Site(s). However, by submitting and/or posting any Content to the Symbaloo Sites, you grant Symbaloo a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF SYMBALOO AND THE SYMBALOO SITES IS AT YOUR SOLE RISK. SYMBALOO IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SYMBALOO AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE SYMBALOO SITES OR OTHERWISE BY SYMBALOO IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SYMBALOO NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN SYMBALOO, ARE ENGAGED IN RENDERING ANY TYPE OF PROFESSIONAL SERVICES OR ADVICE.

SYMBALOO MAKES NO WARRANTY THAT THE SYMBALOO SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. SYMBALOO DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE SYMBALOO SITES. SYMBALOO IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYMBALOO SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

LIMITATION OF LIABILITY

SYMBALOO, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYMBALOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SYMBALOO SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SYMBALOO SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH SYMBALOO; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY SYMBALOO; (E) PERSONAL INJURY NOT CAUSED BY SYMBALOO’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SYMBALOO SITES; OR (H) ANY OTHER MATTER RELATING TO THE SYMBALOO SITES, OR SYMBALOO PRODUCTS OR SERVICES. YOU AGREE THAT SYMBALOO’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SYMBALOO FROM YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Symbaloo, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of Symbaloo’s services; the Symbaloo Sites; any other websites accessed from or affiliated with the Symbaloo Sites; any products purchased off of the Symbaloo Sites or websites available from or related to the Symbaloo Sites; the use by you of any training programs purchased through Symbaloo; your violation of these Terms of Use; content you submit, post, transmit or otherwise make available through the Symbaloo Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

TERMINATION

Symbaloo reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the Symbaloo Sites and/or any other service provided to you by Symbaloo upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that Symbaloo determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Symbaloo Sites and/or Symbaloo services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with Symbaloo is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by Symbaloo as part of your use and registration of the Symbaloo Sites/Site User’s Site. Symbaloo shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to Symbaloo for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by Symbaloo in its sole discretion without any notice or liability to you. Symbaloo shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Symbaloo Sites and/or Symbaloo services. Symbaloo will also retain all ownership and control of any third party’s custom Symbaloo branded environment, including but not limited to the Site User’s Site.

APPLICABLE LAW; CONSENT TO JURISDICTION

The Symbaloo Sites (excluding linked sites) are controlled by Symbaloo’s offices based in the Netherlands and can be accessed from all over the world. As each of these places has laws that may differ from those of the Netherlands, by accessing the Symbaloo Sites both you and Symbaloo agree that the statutes and laws of the Netherlands, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Symbaloo Sites.

You agree that exclusive jurisdiction for any dispute with Symbaloo, or in any way relating to your membership or use of Symbaloo, resides in the courts of the Netherlands and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Netherlands in connection with any dispute including any claim involving Symbaloo or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

MISCELLANEOUS

Symbaloo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, the Symbaloo Sites and/or any Symbaloo services (or any part thereof) with or without notice. Symbaloo shall not be liable to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Symbaloo may assign its rights and obligations under these Terms of Use and upon such assignment Symbaloo may be relieved of any further obligation hereunder.

You represent to Symbaloo that you have the authority to register with Symbaloo according to these Terms of Use. The failure of Symbaloo to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Symbaloo may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Symbaloo Sites. Except for certain Symbaloo licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.

With your prior approval, Symbaloo reserves the right to charge fees, surcharges and/or membership fees at any time.

CONTACT

violations[at]symbaloo.com

Symbaloo HQ Netherlands
Symbaloo BV
Burgwal 47
2611 GG
Delft
Netherlands
015-2129006
Symbaloo office United States
K&S Marketing Impact Inc.
2915 Redhill Ave C103
92626
Costa Mesa
USA
(949) 791-9348