Images
Vectors
Videos
Symzio General and Contributor Terms & Privacy Policy
Introduction
Welcome to Symzio.com, the website and online service of Symzio (Symzio,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and Privacy Policy and to the collection and use of your information as listed below, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).
Use of Our Service
Symzio operates an online media licensing service that empowers our users, members, artists, designers, photographers and others to buy and sell Stock Media licenses.

You may use the Service only if you can form a binding contract with Symzio's Contributors, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Symzio. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Symzio reserves all rights not expressly granted herein in the Service and the Content (as defined below). Symzio may terminate this license at any time for any reason or no reason.

Additional terms may apply for any content that you download from or upload to the Service.
Symzio Accounts
Your Symzio account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Symzio account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Symzio with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. In order to be accepted as a Contributor, we may require you to submit a valid photo identification. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Symzio immediately of any breach of security or unauthorized use of your account. Symzio will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Symzio your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Symzio servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Symzio Content, including any Symzio trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Symzio Content; (xiv) using any Symzio trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xv) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Symzio trademarks; (xvi) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Symzio; using any Symzio word or mark that would reasonably confuse a normal person as to you affiliation with Symzio.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Symzio Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Symzio prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Symzio may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Symzio in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.

You are solely responsible for your interactions with other Symzio Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Symzio shall have no liability for your interactions with other Users, or for any User’s action or inaction.
User Content
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content you are entirely responsible for—all such User Content. For the avoidance of doubt, User Content does not include Stock Media (which is covered in our Contributor Agreement).

You agree not to submit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Symzio reserves the right, but is not obligated, to reject and/or remove any User Content that Symzio believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and Symzio’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.

Symzio may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.

Your User Content is neither obscene, defamatory, or otherwise objectionable.

To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Symzio.

You will not engage in pay per click advertising using keywords which compete with Symzio’s own campaigns in order to promote your relationship with Symzio nor will you use or engage a third party on your behalf to use Symzio in any domain name.

Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Symzio shall send you written notice of such claim, using the email address provided by you to Symzio, specifying the details of the claim as then known to Symzio. Pending the determination of such claim, Symzio may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Symzio.

Symzio takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Symzio shall not be liable for any damages you allege to incur as a result of User Content or Stock Media.
User Content License Grant
By publishing any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Symzio a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Symzio’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For the avoidance of doubt, User Content does not include Stock Media. Stock Media is licensed to Symzio in accordance with the terms of the Contributor Agreement.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “Symzio Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Symzio and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Symzio Content. Use of the Symzio Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Stock Media Licenses
In order to Export any Stock Media from the Service, you must license the Stock Media under the terms found on our licencing page. By Exporting any Stock Media from the Service, you hereby agree to be bound by any applicable terms and pay all applicable fees. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Stock Media pursuant to any license provided by Symzio's Contributors.

Our Licensing page: http://www.symzio.com/licensing
Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Symzio under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Symzio does not waive any rights to use similar or related ideas previously known to Symzio, or developed by its employees, or obtained from sources other than you.
Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Symzio may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

You may cancel your Symzio account at any time; however, there are no refunds for cancellation. In the event that Symzio suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Symzio Property
Certain aspects of the service may allow you to obtain certain reputational or status indicators (“Symzio Property”). You understand and agree that regardless of terminology used, Symzio Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Symzio’s sole discretion. Symzio Property is not redeemable for any sum of money or monetary value from Symzio at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Symzio on Symzio servers, including without limitation any data representing or embodying any or all of your Symzio Property. You agree that Symzio has the absolute right to manage, regulate, control, modify and/or eliminate Symzio Property as it sees fit in its sole discretion, in any general or specific case, and that Symzio will have no liability to you based on its exercise of such right. All data on Symzio’s servers are subject to deletion, alteration or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Symzio’s servers, may be deleted, altered, moved or transferred at any time for any reason in Symzio’s sole discretion, with or without notice and with no liability of any kind. Symzio does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Symzio’s servers.
Privacy
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed.
Security
Symzio cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
DMCA Notice
Since we respect artist and content owner rights, it is Symzio’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Symzio’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim has been infringed;

Identification of the material that is claimed to be infringing and where it is located on the Service;

Information reasonably sufficient to permit Symzio to contact you, such as your address, telephone number, and, e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted by contacting us using the link at the bottom of the page.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Symzio and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Symzio’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Symzio has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Symzio may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Symzio. Symzio does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Symzio’s Privacy Policy do not apply to your use of such sites. You expressly relieve Symzio from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Symzio shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

This includes links to independent websites operated by Symzio Contributors of which Symzio makes no warrants as to accuracy or safety, and you understand that Symzio retains no control over any such websites, and agree to hold Symzio harmless with regard to any damages, perceived or actual, arising as a result of you visiting such websites. You further acknowledge that Symzio Contributors are independent entities and that Symzio passively provides a means for them to display and license their Stock Media on Symzio, and no relationship above and beyond this mechanism should be assumed.
Indemnity
You agree to defend, indemnify and hold harmless Symzio and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code; or (vii) any claim or damages that arise as a result of any of your use of the Stock Media, or any content downloaded through the Service from Symzio or Symzio Contributors.
No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Symzio, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

Symzio does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Symzio service or any hyperlinked website or service, and Symzio will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Symzio does not warrant, endorse, guarantee, or assume responsibility for any Stock Media available for purchase on Symzio, and the responsibility of all liability arising from the use of, or sale of, any said Stock Media remains with you.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Symzio, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Symzio be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Symzio assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party; (viii) Stock Media that infringes on the intellectual property rights of any other party. In no event shall Symzio, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Symzio hereunder.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

Notwithstanding anything to the contrary contained herein, Symzio shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Symzio has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Governing Law
You agree that: (i) the Service shall be deemed solely based in Australia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Symzio, either specific or general, in jurisdictions other than Australia. This Agreement shall be governed by the internal substantive laws of the Country of Australia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Australia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Binding Arbitration
For any dispute with Symzio, you agree to first contact us and attempt to resolve the dispute with us informally. By using the Services, you agree to binding arbitration for any disputes or claims that arise against Symzio.com or its subsidiaries in conjunction with the Services. An arbitration firm selected by Symzio.com will be the sole and final arbitrator for any and all disputes or claims related or resulting from use of the Services. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Symzio without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Symzio may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Symzio in our sole discretion. Symzio reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Symzio is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Symzio may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

This Agreement, together with the Contributor Agreement, Privacy Policy and Licensing terms, any amendments and any additional agreements you may enter into with Symzio in connection with the Service, shall constitute the entire agreement between you and Symzio concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Symzio’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us with any questions regarding this Agreement.


Privacy Policy
Introduction
Welcome to Symzio, the online and mobile service of Symzio (“Symzio,” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information.
Information we collect and its use
We ask for certain information such as your username, first and last name, birthdate, phone number and e-mail address when you register for a Symzio account, or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service.
Information we may receive from third parties:
We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Symzio application, linking your account to the Symzio Service, etc., that third party may pass certain information about your use of its service to Symzio. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Symzio Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service.
Analytics information
We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Cookies information
When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Symzio help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log file information
Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear gifs/web beacons information
When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.
Device identifiers
When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Symzio. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
Location data
When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Commercial and marketing communications
We use the information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.
Use of certain service type information we collect about you
We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; (g) to provide advertising to your browser or device, and (h) automatically update the Symzio application on your devices.
Customers and Contributors
When a Customer licenses media from a Contributor through Symzio, a contract is created between the Customer and Contributor. Accordingly, we provide both the Customer and Contributor limited access to information regarding the other, including their names and email addresses. If required, additional information may be provided if warranted. Neither member's billing or financial information will be shared with either party.

Both parties agree to use such information only witin the capacity to fulfill and maintain the contract under which the relationship has been created. Neither party is permitted to export, aggregate, collect or use this contact information for any purpose other than as explained above. Using such contact information for the purpose of promotion, advertising, sales or lists of any kind is strictly forbidden.

Contributors may not contact Customers for any reason other than critical or contractual related changes or breaches. Customers may contact Contributors for any purpose that facilitates enhancing their use of the licensed media.
Sharing your information
We will not rent or sell your information into third parties outside Symzio and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted in this section.

We may share your information with third-party business partners for the purpose of providing the Service to you. Those business partners will be given limited access to your information as is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy.

Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

We may buy or sell/divest/transfer Symzio (including any shares in Symzio), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganisations, liquidations, similar transactions or proceedings involving all or a portion of the Symzio.

Symzio will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Symzio, our Users or others.

We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with our third-party business partners for the purposes described in this section. We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

We may also share certain information such as your location, browser and cookie data and other data relating to your use of our Service with our business partners to deliver advertisements (“ads”) that may be of interest to you. Symzio may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service, and to measure the effectiveness of their ads and to personalize the advertising content. Symzio does not sell, rent, or share the information we collect directly from you or about you from third parties with these third-party ad servers or ad networks for such parties’ own marketing purposes.

Please note that an advertiser may ask Symzio to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, Symzio determines the target audience and Symzio serves the advertising to that audience and only provides anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.

The Symzio Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.
How we store and protect your data
Storage and Processing: Your information collected through the Service may be stored and processed in any other country in which Symzio or its subsidiaries, affiliates or service providers maintain facilities. Symzio may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to any other country in which Symzio or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
Keeping your information safe
Symzio cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Symzio, at all times. However, Symzio cannot ensure or warrant the security of any information you transmit to Symzio or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Symzio Service, such as social networks. Symzio is not responsible for the functionality or security measures of any third party.
Compromise of information
In the event that any information under our control is compromised as a result of a breach of security, Symzio will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Your choices about your information
You may update your account information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly.
Opting out of collection of your information for Tracking / Advertising:
Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Symzio or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly.
How long we keep your User Content
Following termination or deactivation of your User account, Symzio may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes.
Children’s privacy
Symzio does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
Links to other websites and services
We are not responsible for the practices employed by websites or services linked to or from the Service, including Contributors that display Stock Media on Symzio, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not exercise control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service. Third parties include Symzio Contributors.
How to contact us
If you have any questions about this Privacy Policy or the Service, please contact us.
Changes to our Privacy Policy
Symzio may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically.


Contributor Agreement
Applying to become a Contributor
Symzio, at its own discretion, approves or rejects Users that apply to become Contributors. You agree to abide by the decision made by Symzio in all circumstances with regards to approval or rejection of Contributor applications, whether you are a Contributor or not, by using the Service.

Installation of the Symbiostock plugin does not dictate inclusion in the Symzio Services as a Contributor. You understand that they are separate systems and Symzio uses its own discretion to determine which Users may or may not become Contributors.

Users that wish to become Contributors must sign up as Users of the Service and apply within their accounts to become Contributors. You understand that in order to become a Contributor, you must have a fully functional site running Symbiostock with at least 150 unique, professional Stock Media items that follow the rest of our Contributor Agreement and our Terms of Service fully. You understand that despite fulfilling all criteria, your application may still be rejected at Symzio's discretion.
Inheritance of Affiliate Agreement
This agreement inherits all applicable terms and conditions from the Affiliate Agreement below. All Contributors are automatically approved as Affiliates.
Safeguarding Confidential Information
All information provided to you within your account that is not publicly viewable, including your 'Sync Code', is Confidential Information. It is your responsibility to safeguard this information and to prevent third parties from accessing it.
Our Service
Symzio operates an online media licensing service on your behalf. Customers pay a fee through the Service to license your Stock Media. You acknowledge and agree that Users may make broad use of such Stock Media for the stated fee and are under no obligation to inform Symzio or you of the uses made of any submitted content.

You may choose to contribute to the Service, stock photographs, illustrations, and other media, along with any associated text, for license to other Users in exchange for royalties (“Stock Media”). Any User who contributes Stock Media to the Service shall be referred to as a “Contributor.”
Contributor Guidelines
You agree to follow Symzio’s Contributor Guidelines. Symzio may choose to impose submission restrictions on accounts that violate the Contributor Guidelines or reject Stock Media in its sole discretion. The excessive submission of content that does not adhere to Symzio’s guidelines may result in the termination of your Symzio contributor account. You agree that you will not, and will not solicit any third party on your behalf, to download content you have contributed as Stock Media.

You agree to ensure that all Stock Media is unique and of commercial value;

is technically sound as per the professional industry standard;

does not infringe on the copyright of any third parties;

is created by you, the Contributor, and that you hold full intellectual property rights to it;

that you have marked Editorial media as such;

that you have marked raster image illustrations as such;

that you hold all the necessary model or property releases necessary to license said Stock Media;

that you have not altered, in any way, the method with which Symbiostock operates with regards to Symzio;

that you have correctly keyworded, tagged and titled your Stock Media, without the use of excessive or irrelevant keywords; and

that you are not submitting reasonably or absolutely duplicate content to the Symzio Service.
Treatment of Stock Media and Removal
Symzio has the right to refuse to accept any Stock Media for any reason or no reason. Symzio has the right to remove any Stock Media from the Service at any time for any reason (including but not limited to our belief that your submission would or does subject us to legal action or if your Stock Media violates the terms of this Agreement or our Contributor Guidelines) or no reason. You have the right to remove any of your Stock Media from our Service at any time for any reason. Symzio will use reasonable efforts to cause the Stock Media, including any additional versions, to be removed from the Service and affiliated or partner websites within sixty (60) days of your deactivation of such Stock Media. However, you agree that any licenses issued by Symzio in respect of any Stock Media that is removed from the Service will remain in full force and effect under the terms of that license. In addition, you also agree that Symzio will be able to keep at least a thumbnail of any Stock Media that you removed indefinitely.

As Symzio permits Contributors to submit and remove Stock Media at their discretion, all removals may be communicated to Contributors first. If Contributors fail to remove said Stock Media, that Contributor's account may be terminated.
Ownership, Releases and Your License Grant
Nothing contained in this Agreement shall be construed to transfer any copyrights to Symzio. The copyrights in and to all Stock Media remains with the owner of such copyrights. Any and all Stock Media submitted to the Service must be your own original work that you own all copyright rights to.

By submitting Stock Media to Symzio, you certify that you have attained valid and accurate releases for all non-editorial Stock Media you upload to Symzio that contains an identifiable face, identifiable person, other identifiable attribute, or property. If you do not have a release for the Stock Media that contains an image(s) of an identifiable person or property, you may not submit such content to Symzio. You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records for all Stock Media. You acknowledge and agree that the submission of falsified, inaccurate or otherwise defective information regarding the acquisition of releases on your part for your Stock Media constitutes a material breach of this Agreement and can result in the immediate termination of your account without prior notice.

By submitting any Stock Media to the Service, you hereby grant Symzio, a worldwide, non-exclusive right and license to copy, reproduce, create derivative works, publicly display, market, sublicense and sell any Stock Media uploaded by you and accepted by Symzio, subject to the terms and conditions of this Agreement. In addition, Symzio shall have the right, but not the obligation, to license on your behalf all Stock Media to its Users in accordance with our One-Time Use License, Unlimited RF License, or any other license offered by Symzio on your behalf. The specific terms that will govern specific Stock Media will be determined by the license under which a particular User downloads such Stock Media.

You agree that by submitting any media to Symzio through your contributor account or otherwise for the purpose of promotion, including promo images and profile pictures, that you are aware these images can be downloaded by the public and will not be watermarked or protected in any additional manner by Symzio.

You also agree that by submitting any Stock Media to the Service, Symzio Affiliates may use any of your watermarked thumbnailed images for promotional purposes, and agree to license watermarked and small non-watermarked images freely for this purpose.

You also agree that by submitting any Stock Media to the Service, that Symzio may, at its own discretion, refund any Users that license any such Stock Media that is found to have technical faults. You agree to submit to Symzio Stock Media that has been scrutinized sufficiently so as to minimize any such technical faults. Symzio will determine the nature of a "technical fault" at its own discretion.
Relationship of Parties
You and Symzio are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section. You are not an agent of Symzio and Symzio expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
Customers and Contributors
When a Customer licenses media from a Contributor through Symzio, a contract is created between the Customer and Contributor. Accordingly, we provide both the Customer and Contributor limited access to information regarding the other, including their names and email addresses. If required, additional information may be provided if warranted. Neither member's billing or financial information will be shared with either party.

Both parties agree to use such information only witin the capacity to fulfill and maintain the contract under which the relationship has been created. Neither party is permitted to export, aggregate, collect or use this contact information for any purpose other than as explained above. Using such contact information for the purpose of promotion, advertising, sales or lists of any kind is strictly forbidden.

Contributors may not contact Customers for any reason other than critical or contractual related changes or breaches. Customers may contact Contributors for any purpose that facilitates enhancing their use of the licensed media.
Payment Amounts and Payment Terms
Symzio will pay you a royalty for each unique license purchase of your Stock Media for which Symzio receives payment. The current royalty rates are set forth in our Contributor Support page. Symzio may modify the royalty rate and/or payment schedule at any time. If Symzio does modify the royalty rate, royalties earned before the effective change in rates will be credited at the rate in effect at the time such royalties were earned.

Payment of royalties is made automatically each month when the balance is above $50. If your account is cancelled for a breach of this Agreement, any royalties and/or other compensation otherwise payable to you hereunder will be forfeited by you.

If you are credited with a license sale or license sales and Symzio thereafter issues a refund to an individual or member that licensed any of your Contributor Content, Symzio will have the right to deduct royalties credited to your account and/or allocated to such refunded subscriptions. Credit card chargebacks will be treated in the same manner as refunded license purchases. If Symzio makes an overpayment of royalties or other compensation to you for any reason, Symzio shall have the right to deduct the amount of such overpayment from your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation.
Disclaimers
Symzio shall not be liable to you for any costs, expenses, loss or damage (whether direct, indirect or consequential and whether economic or other) arising from:

a licensee, or any other third party, breaching and/or exceeding the rights granted to them in the Stock Media by Symzio; and

any unauthorised access to the Service which is malicious or technologically harmful which results in a breach of your intellectual property rights in the Stock Media.

You understand that Symzio makes no warrant as to the intended or actual use of any licensed Stock Media by Symzio Users, and that any licensing contract entered into between you, the Contributor, and a User of Symzio that purchases a license to use said Stock Media, is between you and said User. Symzio operates as a passive enabler of the licensing transaction and the licensing contract created between the Contributor and licensee remains between those two parties.

You agree to hold Symzio harmless with regard to any damages, perceived or actual, arising as a result of your Stock Media being available for license via the Service, including but not limited to the storage of your images for the purpose of providing said service, the sale of any Stock Media through the Service.

You agree that by submitting any Stock Media to Symzio for the purpose of licensing to other Users, you hold absolute copyright to the Stock Media, and that you have full rights to license the media as per our licensing terms. You agree to assume all liability and responsibility for all damages, perceived or actual, arising as a result of copyright infringements related to any Stock Media submitted to Symzio by you.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Contributor program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Contributor program will not exceed the total commissions paid or payable to you under this Agreement.
Account Closures & Reinstatement
Symzio may, at its own discretion, for any reason whatsoever, close a Contributor's account without notice. If the Contributor's account is closed for a breach of any of our terms, any outstanding royalties will be forfeited.

Symzio may, at its own discretion, reinstate Contributor accounts. In this case, Symzio may charge Contributors $250 for reinstatement.

Symzio is under no obligation to reinstate any Contributor accounts or provide reasons or explanations towards account closures. Your only remedy towards any such actions is to cease using the Symzio Service.

Contributors may create only one Symzio account and provide accurate information as to their names, addresses etc. In the event of an account closure, a Contributor may not create another account or use the Symzio Services in conjunction with other User accounts.
Termination
Contributors must notify us in writing via e-mail to request the termination of their account. Once received, Symzio will, in a timely fashion, prevent the Symzio Service from scanning the Contributor's site. In this case, Contributor images will be removed from the Symzio search results in a timely fashion.

Contributors that terminate their accounts with Symzio will still maintain their licensed contracts with customers that may have previously licensed Stock Media from said Contributors through the use of the Services.
Binding Arbitration
By participating as a Contributor, you agree to binding arbitration for any disputes or claims that arise against Symzio.com or its subsidiaries in conjunction with this program. An arbitration firm selected by Symzio.com will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.


Affiliate Agreement
Inherited terms
All terms and conditions applied to Contributors apply to Affiliates where applicable. Additional terms are included here.
Applying to become an Affiliate
Symzio, at its own discretion, approves or rejects Users that apply to become Affiliates. You agree to abide by the decision made by Symzio in all circumstances with regards to approval or rejection of Affiliate applications, whether you are an Affiliate or not, by using the Service.

Users that wish to become Affiliates must sign up as Users of the Service and apply within their accounts to become Affiliates. You understand that in order to become an Affiliate, you must have a legitimate and professional interest in earning revenue through referral sales and intend to do so in compliance with our terms. You must explain this intention, in detail, through websites, advertising, or other mechanisms you intend to use in promoting Symzio and its Contributors. You understand that despite fulfilling all criteria, your application may still be rejected at Symzio's discretion.
Promotional methods
As an Affiliate of Symzio, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you cannot spam. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Symzio's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate site for the sole and exclusive purpose of promoting Symzio's Services.

You may not use the Symzio name, logo, or other service marks if it would unreasonably confuse a visitor as to your relationship with Symzio. You may not claim to be a representative, or associate of Symzio in any capacity other than that of an Affiliate (or Contributor, if you are one).

You may not use the Symzio name, logo, or other service marks to promote Symzio through third party mechanisms such as advertisements or links that are not controlled and owned by you, the Affiliate. You may not use the Symzio name, logo or other service marks in any manner hosted upon third party sites unless it is clear you are doing so as an Affiliate of Symzio.
Promoting subjects
You may promote any subject matter found on Symzio, including search results, individual Stock Media, and individual Contributors.
Promoting materials
In addition to the terms above (Promotional Methods), you may use any watermarked Stock Media thumbnails and small non-watermarked images in your promotional efforts. You may not alter any such images in any way other than as they are originally found on Symzio with the exception of downsizing. You may not claim ownership of such media or confuse visitors as to the source or copyright status of said Stock Media. You may not use the Stock Media in any capacity other than Affiliate promotion meant to send customers to Symzio to purchase said media. You may not place Stock Media thumbnails on third party sites not owned and operated by you, the Affiliate, unless it is clear you are operating as an Affiliate in posting it.
Commissions
The Affiliate commission schedule is available in our Affiliate Support section. This rate is subject to change without notice. Any sales accrued prior to any future rate changes will be paid to Affiliates at the rate prescribed when the sale was made.
Paid Search Policy
You are required to comply with the following rules when bidding on keywords on any paid search engines or social media sites, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:

You are prohibited from bidding on any Symzio trademarks, or any variations and misspellings thereof without Symzio's prior written approval. Examples of prohibited keywords are "Symzio," "Symzio," "Symzio.com," "www.symzio.com," "Symzio reviews," and "Symzio images."

You are prohibited from bidding on keywords containing Symzio trademarks plus an additional term such as [Symzio coupons], [Symzio promotions], and [Symzio promos] Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.

You are prohibited from outranking Symzio's internal paid search ad on any keywords.

You are prohibited from direct linking to Symzio.com from any paid search ads.

You are prohibited from using Symzio.com as a display URL.

All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the program may be terminated. For more information on match types, please visit Google's overview of match types.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate terms. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate program, following a change notice or new agreement on our site, will constitute binding acceptance of the change.
Relationship of Parties
You and Symzio are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section. You are not an agent of Symzio and Symzio expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate program will not exceed the total commissions paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate program or any Symzio services or other items sold through the program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Symzio with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
Confidentiality
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate program Agreement made specifically for your site and not generally available to other members of the Affiliate program, website, business and financial information relating to Symzio, customer and vendor lists relating to Symzio and any members of the Affiliate program, other than you.

You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
Indemnification
You hereby agree to indemnify, defend and hold harmless Symzio, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site; or (iv) or any claim related to your actions as an Affiliate.
Miscellaneous
This Agreement will be governed by the laws of Australia, without reference to rules governing choice of laws. Symzio reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. Symzio will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple Symzio affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the Symzio.com in-house affiliate program and also open a Symzio affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Binding Arbitration
By participating in this Affiliate program, you agree to binding arbitration for any disputes or claims that arise against Symzio.com or its subsidiaries in conjunction with this program. An arbitration firm selected by Symzio.com will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.