1. Introduction
Effective as of March 08, 2021 Symphony Group d.o.o. Sarajevo (“Symphony Group”) and its subsidiaries, (collectively, the Symphony or “we” or “us” or “our”) have updated terms that apply to the use of our Websites (as herein defined). For the purposes of these Terms of Use, the term, “Websites”, shall refer collectively to www.symphony.is as well as the other websites that the Symphony operates and that link to these Terms of Use.
Please read these terms of use carefully before using our Websites. By using this Website on any computer, mobile phone, tablet, console or other device (hereinafter: Device) you signify that you read, understand and agree to be bound by these Terms of Use and any other applicable law. Symphony Group may change these Terms of Use at any time without notice. If you do not agree to these Terms of Use, please do not use our Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website
2. Intellectual property
All intellectual property on the Website is owned by Symphony which includes materials protected by copyright, trademark or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Symphony. All information on Symphony (except your Personal Information) including but not limited to text, software, code, design, graphics are proprietary properties of Symphony. All rights reserved.
3. Restriction of Using our Website
You may use the Website only for your own non-commercial use. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast perform, display, distribute, reproduce, download or sell any Intellectual Property or Content appearing on the Website without Symphony prior written consent, unless that is your own Personal Information.
4. Personal information
To use a Website, you may be asked to provide certain personal information, including name,surname, e-mail address and other Personal Information, to optimize your use of the Website. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself and Symphony will not be responsible for any injury related to any Personal Information you submit to the Website. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy.
5. Indemnification
You agree to indemnify, defend and hold harmless Symphony its affiliates, officers, directors, employees, agents, licensors, and suppliers form and against all claims, losses, liabilities, expenses, dagames and costs, including, without limitation attorney’s fees arising from or relating in any way to your Personal Information, your use of the Website or any violation of these Terms of Use any law or the rights of any third party.
6. Warranty disclaimer
A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SYMPHONY, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
(B) THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE SYMPHONY, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE SYMPHONY OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE SYMPHONY OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Legal and Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website. If you provide us any information through the Website, you agree to provide true, accurate, current and complete information about yourself. You agree not to attempt to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited.
8. Miscellaneous
You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and Symphony shall be governed in all respects by law of Bosnia and Herzegovina, without regard to choice of law provision, and not by the 1980 UN Convention on contracts for the international sale of goods. You agree that any notice, agreement, disclosure or other communication that Symphony sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If any provisions in these Terms of Use are held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
Symphony reserves the right in its sole discretion to delete your your Personal Information and restrict your use of all or any part of the Website, for any or no reason, without notice, and without liability to you or anyone else.