These Terms of Use ("Terms") govern our relationship with you as a user of MyAboutYou dba “Our Social Symbio” (“Our Symbio”) Uses, and our website (together, we refer to these as our "Products"). By using our Products, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy . You also confirm that you have read and agree to our Community Guidelines .
You may use our Products only if you can form a binding contract with Our Symbio, and only in compliance with these Terms and all applicable laws. When you sign up for our Products you must provide us with accurate and complete information to allow us to create, verify, and maintain your account. You are not permitted to use our Products if you are under the age of lawful consent under the laws of your country of residence.
Subject to these Terms and our policies (including our Community Guidelines ) we grant you a limited, non-exclusive, non-transferable and revocable license to use our Products. If you are using the Products on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).
By opening an account with us and providing your mobile telephone number or email address, you agree that we may communicate with you via text messages or other electronic means to your mobile device, provided that we obtain your consent where we are legally required to do so. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your Our Symbio account information to ensure that your messages are not sent to the wrong person. You can opt out of certain types of communications via your account settings.
Our Products are personalized for you. We'll use your selected interests and your activity on our website to recommend stories, other users to connect with, as well and other content we think may be interesting to you. You acknowledge that you have read our Privacy Policy , which describes how we handle the information you provide to us when you use our Products.
Our Products allow you and others around the world to use your voices to interact with each other in real time, and to share recordings of those interactions for others to enjoy later. They also allow you to post content, including audio content, visual images, text, and symbols. Anything you say, post, or make available in our Products is referred to as “User Content.”
Our Symbio is a place for people to interview and share your best stories. As part of this community, you must follow our Community Guidelines when you use our Products. You are responsible for any activity that occurs in your account, so it’s important that you keep your account secure. If you think that someone has gained unauthorized access to your account, please advise us immediately.
You retain all ownership rights in the User Content you contribute to Our Symbio. But you also give us legal permission to use that content as explained in the next section.
You grant Our Symbio and its users a perpetual, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide license to use, store, display, reproduce, save, modify, create derivative works, publicly perform, and distribute your User Content for the purposes of using, operating, developing, providing, promoting, and improving our Products in any media formats or channels. Nothing in these Terms restricts other legal rights Our Symbio or its users may have to User Content, for example under other licenses, express or implied. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, Community Guidelines, or other policies.
We call User Content that is made available to anyone using our Products “Public Content.” This includes any content contributed to rooms that are available to anyone on Our Symbio (“Public Rooms”). You grant Our Symbio, its users, and its business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, publicly perform, and publicly display your Public Content in any form and in any media. When you create Public Content or speak in Public Rooms you also grant Our Symbio, its users, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use your name, likeness, and voice, for commercial and non-commercial purposes.
You represent and warrant to us that the User Content you contribute to Our Symbio is either not subject to copyright or any other proprietary rights or that you have all necessary permissions, clearances, and authorizations to contribute the User Content to Our Symbio and to grant us all of the rights that you grant to us under these Terms.
We have no obligation to edit or control User Content that is contributed to our Products. While we’re not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including to provide and develop our Products or if we think your User Content violates these Terms, or other policies.
We always love to hear from our users, but you are not required to provide us feedback. If you do provide feedback or suggestions to us, we may use your feedback and suggestions without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or other items that we develop based on your feedback or suggestions.
Our Symbio respects the intellectual property rights of others and we expect our users to do the same. You may not use our Products in a way that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
It’s our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights. In keeping with the Digital Millennium Copyright Act, we’ll respond quickly to claims of copyright infringement on Our Symbio that are reported to our designated copyright agent, identified below.
If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on our Products by completing the DMCA Notice of Alleged Infringement and sending it to our designated copyright agent. To submit a DMCA notice, please send the following information to our designated copyright agent:
1. Identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.
2. Identify the content on our Product you claim to be infringing your rights, including the information we need to help us find it, such as a URL.
3. Provide your mailing address, phone number and email address.
4. Include both of these statements in the body of your notice:
5. Include your full legal name and your electronic or physical signature (for example, by typing your full name).
Send your completed DMCA notice to:
Jeffrey Rinna
MyAboutYou dba Our Social Symbio
Email Address: info@oursymbio.com
Note:
When we get your DMCA notice, we’ll take whatever action we determine is appropriate, which may include removing the reported content from our Products. If we remove content in response to a DMCA notice, we may notify the person who contributed it to Our Symbio so they have the opportunity to submit a counter-notice. We may also send a complete copy of the notice to others, as appropriate.
We try hard to make sure Our Symbio is a safe place for all users, and we expect you to do the same. By using our Products, you agree that you will comply with these Terms, Community Guidelines, and any other policies Our Symbio makes available in order to maintain the safety of our Products. We reserve the right to remove any content from our Products for any reason, or to limit its availability. We likewise reserve the right to terminate or suspend your account, or limit its availability, for any reason.
Our Products may contain links to third-party websites, Uses, special offers or other events or activities that are not owned or controlled by Our Symbio. We do not endorse or assume any responsibility for any third-party sites, information, materials, products or Uses. If you access any third-party website, Use or content from our Products, you do so at your own risk and you agree that Our Symbio will have no liability arising from your use of or access to any third-party website, Use or content.
We’re improving our Products and creating new ones all the time. That means we may add or remove features, products, or functions of our Products, and we may also suspend or stop providing our Products. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.
Our Symbio may terminate or suspend this license and your access to our Products at any time, with or without cause or notice to you. Our Symbio may also limit your use of specific features in our Products with or without cause or notice to you. While we’ll try to give you reasonable notice beforehand, we can’t guarantee that will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
You can terminate these Terms at any time and for any reason by deleting your Our Symbio account. If you violate any provision of these Terms or our Community Guidelines, your authorization to access our Products terminates automatically.
Regardless of who terminates these Terms, both you and Our Symbio continue to be bound by Sections 3, and 10-14 of the Terms notwithstanding termination.
You agree, to the maximum extent permitted by law, to indemnify, defend, and hold harmless Our Symbio and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), relating to (a) your access to or use of our Products, (b) your User Content, (c) any dispute between you and any third party, or (d) your breach of any of these Terms. Our Symbio may assume the exclusive control and defense of any matter for which you have a duty to indemnify Our Symbio and, if we do, you agree to cooperate with our defense of those claims.
Our Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
OUR SYMBIO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Our Symbio takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Our Symbio does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SYMBIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
EXCEPT AS PROVIDED IN SECTION 13, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR SYMBIO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If you have a concern or dispute with Our Symbio, we would appreciate the opportunity to resolve it without having to resort to formal legal proceedings. You agree to notify Our Symbio in writing at legalrequest@Our Symbio.com before filing any claims with a court or arbitration body so that we can attempt to resolve the issue with you. Your notice should include an explanation of your concern or dispute, how it arose, and what (if anything) you want Our Symbio to do to resolve it. If you and Our Symbio cannot resolve the dispute within 60 days of your notice, either you or we may file a formal proceeding in accordance with this Section 13.
Please read the following terms carefully because they require U.S. residents and Our Symbio to resolve all disputes through binding arbitration.
If you are a resident of the United States, you and Our Symbio agree that all claims between us, including any disputes arising out of or relating to these Terms or use of the Products will be resolved through binding arbitration on an individual basis. There are two exceptions. First, for claims that qualify, you or Our Symbio can elect to have those claims heard in small claims court. Second, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents will be resolved in court. Any disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided below.
You can opt-out of this agreement to arbitrate by sending a letter to Our Symbio at legalrequest@Our Symbio.com stating that you wish to opt-out of the arbitration agreement. You must send us your opt-out notice within 30 days of first registering your Our Symbio account or agreeing to these Terms, but if you previously agreed to a prior version of these Terms that provided for an arbitration opt-out, you do not have the opportunity to opt-out under this version of the Terms.
Any arbitration will be administered by JAMS pursuant to its employment arbitration rules & procedures (the “JAMS rules”), which are available here. If these rules cannot be enforced for any reason, then you and Our Symbio will arbitrate the dispute utilizing JAMS comprehensive arbitration rules and procedures, or other rules the arbitrator deems appropriate for the dispute. The arbitration will be before a single arbitrator and conducted in English.
The arbitrator will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, and motions to dismiss and demurrers, applying the standards set forth for such motions under the California Code of Civil Procedure. The arbitrator will issue a written decision on the merits, the arbitrator will have the power to award any remedies available under applicable law, and the arbitrator may award attorneys’ fees and costs to the prevailing party where permitted by applicable law. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof.
Subject to the Federal Arbitration Act’s exclusive applicability to the enforcement of this agreement to arbitrate, you agree that the arbitrator will conduct any arbitration hearing or proceeding applying California substantive and decisional law and the California Code of Civil Procedure, including the California Civil Discovery Act. You agree that any arbitration under this agreement will be conducted in the county in which you live or such other mutually-agreed location. If the claim is for less than $10,000 (ten thousand U.S. dollars) (and doesn’t involve injunctive relief), you may choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) through telephone or video calls, or (iii) by an in-person hearing under the JAMS rules in your county of residence.
The arbitrator can award any relief that a court of competent jurisdiction could award. If the arbitrator awards you an amount higher than the last written settlement amount offered by Our Symbio before an arbitrator was selected, Our Symbio will pay you the higher of (i) the amount awarded by the arbitrator, and (ii) $10,000 (ten thousand U.S. dollars).
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OUR SYMBIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the extent any claim, dispute or controversy regarding Our Symbio or our Products isn’t arbitrable under applicable laws or otherwise: you and Our Symbio both agree that any claim or dispute with Our Symbio will be resolved exclusively in accordance with Section 13.B. of these Terms.
For any claims or disputes arising out of or relating to these Terms or use of the Products that are not resolved through binding arbitration under Section 13.A. of these Terms, you and Our Symbio agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California, USA.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. If the laws in your country require agreements with consumers to be governed by the local laws, then Section 14 does not apply to you.
We may revise these Terms from time to time and the most current version will always be available on our website and via our apps. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions. We may require you to accept the revised version of these Terms in order to continue to use our Products. If you do not agree to the new Terms, please stop using our Products. Except as described in this paragraph, these Terms can only be amended by a written agreement signed by you and Our Symbio.
These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Our Symbio without restriction. Any attempted transfer or assignment in violation of the above will be null and void.
These Terms, together with the Privacy Policy, Community Guidelines , and any amendments and additional agreements you may enter into with Our Symbio in connection with our Products, constitute the entire agreement between you and Our Symbio concerning our Products. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Our Symbio’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision
This is a contract between you and MyAboutYou, doing business as Our Social Symbio (“Our Symbio”), _______________. Any reference to Our Symbio includes all affiliates and subsidiaries.
These Terms are effective as of January 3, 2023.