1. Restrictions on Use:
All pages within this Website and any material made available for download (collectively the “Site”) are the property of Symphonic Distribution and/or its affiliates. Federal and international copyright and trademark laws protect the Site. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Symphonic Distribution. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Symphonic Distribution provides information via its "Topple Track", and “Symphonic Distribution" Services (the "Services"). By completing the registration process and using the Services, you agree to be bound by all of the terms in this Agreement at all times.
Any previous terms and conditions and/or charges for the service are subject to have be changed at any time.
Symphonic Distribution is not affiliated with any governmental or regulatory agencies and carries no formal legal authority. Symphonic Distribution makes no claims that use of the Services or inclusion of Topple Track or Symphonic Distribution banners on a web page has any legal effects. Symphonic Distribution does not provide legal advice or make legal recommendations. Symphonic Distribution is not liable for any actions or decisions taken by anyone based on results obtained through use of the Services. Symphonic Distribution does not endorse any external websites or copyright lawyers linked from the Topple Track or Symphonic Distribution site.
Symphonic Distribution is not responsible for use of the Services by others, nor does it certify the ownership of any content that the Services are used to protect.
3. Trademarks and Copyright Notice:
Symphonic Distribution and Topple Track are copyrights of Symphonic Distribution, Inc All rights reserved. Symphonic Distribution actively protects all copyrights and trademarks of Symphonic Distribution or its affiliates. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
4. Limitations on Use:
Only one individual may access the Services during a specific time using the same username or password, unless otherwise agreed by Symphonic Distribution. The content available through the Services is the property of Symphonic Distribution and is protected by copyright and other intellectual property laws.
You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in the Services. In addition to any other remedies available in equity or law to Symphonic Distribution, failure to comply with any of the terms and conditions in this Agreement shall immediately terminate this Agreement and your ability to use the Services.
The Services include information, facts, views, opinions and recommendations. Symphonic Distribution does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse this information or these facts, views, opinions and recommendations.
5. Warranty Disclaimer:
Due to the sources from which content in the Services is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Services. The Services and all information provided by Symphonic Distribution are provided "as is". Use of the Services and any information received through it are entirely at your own risk.
NEITHER SYMPHONIC DISTRIBUTION, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (FOR PURPOSES OF THIS PARAGRAPH ONLY, "SYMPHONIC DISTRIBUTION") WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, RELEVANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICES. SYMPHONIC DISTRIBUTION SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH ITS WEBSITES. IN NO EVENT WILL SYMPHONIC DISTRIBUTION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICES. SYMPHONIC DISTRIBUTION SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF SYMPHONIC DISTRIBUTION, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES OR THE CONTENT IN THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO SYMPHONIC DISTRIBUTION FOR THE USE OF THE SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT SYMPHONIC DISTRIBUTION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF DAMAGES OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although Symphonic Distribution attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Symphonic Distribution so that it can be corrected. Information contained on the Site may be changed or updated without notice.
By using the Services, you understand that there may be copies of your site on the Internet or elsewhere, which are not reported in the results. Symphonic Distribution is not liable for any omission or inclusion in the results provided by the Services. The Services use a search engine index to find copies of your site, so they may miss text contained in Flash animations, images such as JPEG and GIF, movies such as QuickTime, or other formats that are not picked up by search engines. The Services may also miss new text on the Web that has not yet been indexed. We are continually working on improving the search functionality.
Symphonic Distribution reserves any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements.
6. Confidential and Proprietary Information:
7. Links or Pointers to Other Sites:
Symphonic Distribution makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Symphonic Distribution Website, please understand that it is independent from Symphonic Distribution, and that Symphonic Distribution has no control over the content on that Website. In addition, a hyperlink to a non-Symphonic Distribution Website does not mean that Symphonic Distribution endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download are free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Subscriber agrees to defend, indemnify and hold harmless Symphonic Distribution, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Services by Subscriber or Subscriber's account.
9. Fees and Payments:
If you are purchasing a Topple Track or a Symphonic Distribution subscription, it will renew 2 months after your release date at a discounted rate of 3 dollars per track and you will have the choice to continue to renew two months after that payment date, unless terminated by Symphonic Distribution or until you notify Symphonic Distribution of your decision to terminate your subscription by canceling your service on-line or via email. If there are any annual, monthly, or other periodic fees for your subscription, you authorize Symphonic Distribution to automatically bill these fees to the credit card, depending on the type of charge card you designate during the registration process for the Services or subsequently designate at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.
Symphonic Distribution outsources all online payment processing to Google Checkout or PayPal. Symphonic Distribution does not have access to credit card numbers and certain other payment information submitted to Google Checkout or PayPal as a result of the online payment process. You agree to provide Google Checkout or PayPal with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you must modify your credit card details.
If you believe someone has accessed the Services using your username and password without your authorization, you must inform Symphonic Distribution via the contact page. You must contact Symphonic Distribution via the contact page about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to Symphonic Distribution’s attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
You also are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third party service. YOU, AND NOT SYMPHONIC DISTRIBUTION, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
10. Cancellation of Services By Subscriber:
11. Cancellation of Services by Symphonic Distribution:
Symphonic Distribution may discontinue, terminate or change the Services, or its availability to you, at any time, for any reason. You may only receive the Services if you are a subscriber in good standing with a valid, authorized credit card on file with Google Checkout or PayPal, or if you are in the trial period of the Services. Except as expressly provided herein, all payments are completely non-refundable. If Symphonic Distribution terminates or discontinues your subscription with cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges already billed to your account, and Symphonic Distribution reserves all other rights available to it for such breach. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The terms and conditions contained in this Agreement may not be modified by you except in writing duly signed by you and an authorized representative of Symphonic Distribution. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
12. Choice of Law and Venue:
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees.
In the event that a court or other tribunal of competent jurisdiction to be unenforceable holds any of the Terms and Conditions, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
13. Entire Agreement:
These Terms and Conditions constitute the entire agreement between Symphonic Distribution and you pertaining to the subject matter of this Agreement.
14. No Unlawful or Prohibited Purpose:
As a condition of your use of this Site, you warrant to Symphonic Distribution that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Pricing for the service is listed on the website and is agreed upon by you when opting in and registering to the Topple Track service through ToppleTrack.com and/or through SymphonicDistribution.com.
16. DMCA Submissions:
The Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) and other applicable intellectual property laws grant copyright holders means to request removal of and/or request access limitation to infringing material. By using ToppleTrack.com, directly or through partner websites, each User expressly consents to allowing Topple Track and Symphonic Distribution to make DMCA requests and communications on User's behalf.