Copyright © 2004 - 2005, Symbionica, LLC, All Rights Reserved


Terms of Use
Terms of Use                                       (last modified April 20, 2005)

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Welcome to Symbionica's website!  Each time you browse or otherwise use this website,
you acknowledge that you understand and agree to be legally bound by the following terms
and conditions ("Terms of Use").   If you do not agree to the Terms Of Use, you may not
use this website.

1. Personal Use.   The information and services provided on this site are the intellectual
property of Symbionica, LLC ("Symbionica") or it's suppliers.  Material from this site may be
used only for your personal, non-commercial use and may be copied only to your personal
computer provided that a) you do not modify it and b) you include all copyright and other
proprietary notices.
2. Content and Links are "AS IS".  The information on this sight is provided on an "AS IS"
basis and is not warranted to be free from errors or omissions.  Additionally, this site links
to third party websites ("Linked Sites") over which we have no control.  You agree that you
are solely responsible if you rely on information on this site or on Linked Sites and that you
download information and software from this site at your own risk.
3. Amendments.  Symbionica may amend this agreement at any time.  Please check back
for changes that may affect you.
4. Software.  Any software downloaded from this site or linked sites is covered by the
terms and warranties of the end user license agreement that you accept when you install
the software.
5. No Unlawful Use.  You agree not use this site to engage in or facilitate any illegal activity.
6. No Unauthorized Use.  You agree NOT use this site to DIRECTLY or INDIRECTLY do
any of the following:
  1. Affect or disrupt in any way this website or any other computing devices or software
    services with a Virus, Denial of Service Attack, Spyware, Spamming, or other
    techniques.
  2. Threaten or violate the legal rights of others through defamatory postings, abuse,
    harrasment, "flaming", hateful or bigoted remarks or any other means.
  3. Use or submit language or materials that is vulgar, obscene, or "adult" in nature.  
  4. Advertise or solicit for any commercial purpose.
  5. Add, delete or alter any information on this site other than your own postings to the
    Community Forum, including, but not limited to legal notices and disclaimers.
  6. Impersonate any real person or entity, or in any way lead others to believe that you
    are someone you are not or that you represent some entity that you do not.
  7. Collect any non-public information about others

7. Submissions.    We welcome your comments, but please do not send us any
unsolicited original creative ideas, materials, art, or stories.  If you do, those submissions
shall become, and shall remain our property, without compensation to you, and we shall
be entitled to use them for any purpose.
8. Privacy Policy.   The privacy of your information and related matters are covered under
Symbionica's
Privacy Policy, which form a part of these Terms of Use.
9. Intellectual Property.    The protection of the intellectual property of Symbionica and
others is important to Symbionica and is covered under Symbionica's
Rights Policy which
form a part of these Terms of Use.
10. Disclaimer of Warranties.  
SYMBIONICA PROVIDES ALL INFORMATION ON THIS SITE ON AN "AS IS" BASIS.   
SYMBIONICA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY,  NONINFRINGEMENT, SECURITY, ACCURACY OF
INFORMATION , AND RELIABILITY OF INFORMATION.   SYMBIONICA DOES NOT WARRANT
THAT ITS PRODUCTS OR SERVICES WILL BE ERROR FREE.
11. Limitation of Liability.
IN NO EVENT WILL SYMBIONICA OR ITS REPRESENTATIVES BE LIABLE TO ANY PARTY
FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT
OR IN TORT, IN CONNECTION WITH YOUR USE OF THIS SITE OR LINKED SITES.
12. Entire Agreement.
 Except as expressly provided in the other policies on the
Symbionica web site, these Terms of Use, along with the
Privacy Policy and the Rights
Policy constitute the entire agreement between you and Symbionica with respect to the use
of the this web site.
13. Governing Law and Jurisdiction.  These Terms of Use shall be governed by and
construed in all respects in accordance with the State of California, without giving effect to  
any choice of law or conflict of law provision or rule (whether of the State of California or any
other jurisdiction) that would cause the application of the laws of any jurisdiction other than
the State of California. You hereby consent to, and agree to bring any and all claims in the
exclusive jurisdiction of Santa Clara County, California, U.S.A., for any action or proceeding
arising under or relating to Terms of Use, this Web Site, or the use of, or reliance on this
Web Site, whether based in contract or tort.
14. Severability.  In the event that  any provision hereof is found invalid or unenforceable by
a judicial decree or decision of a court of competent jurisdiction, pursuant to judicial
decree or decision, the remainder of this Agreement shall remain valid and enforceable
according to its terms. WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY
UNDERSTOOD AND AGREED THAT, IN THE EVENT ANY REMEDY HEREUNDER IS
DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL OTHER LIMITATIONS
OF LIABILITY AND EXCLUSION OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN
FULL FORCE AND EFFECT.