Terms of Use

Terms of Use: wildsymphony.com and The Wild Symphony Application

This Website and the Application is managed and maintained by:

Stellata LLC.

P.O. Box 250

Rye Beach, New Hampshire 03871

We can be reached by email at webmaster@danbrown.com. Please include the words “Terms of Use” in the subject matter box of your email.

This contact information leads to a limited liability company and does not connect with Dan Brown or persons in his employ.  It should not be used to attempt to contact Mr. Brown.

Restrictions on Use

The Service is comprised of its visible and audible contents as well as related software applications, and other services and applications.  By accessing or using this Website and/or the Application which comprise the Service, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. We reserve the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. 

Privacy Policy

Please review our Privacy Policy, which governs our gathering and use of information about you, located at www.wildsymphony.com.  The Privacy Policy is part of the Terms of Use and by accepting these Terms of Use, you accept our Privacy Policy.

Definitions

For the purposes of these Terms of Use:

•    Website refers to wildsymphony.com and all content and functionality thereof.

•    You or your (including in lower case) means and refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Ownership of Copyright

The Service contains material that is owned or licensed by Company.  Except when Company gives explicit authorization, or as otherwise permitted under law, no material from the Service including computer code and software may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way, except for the following: provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use.  For any other use, please contact us first for permission.

Your Content License to Company

Your ability and  the functionality of the Service to upload content of any kind through the Service shall be at the sole discretion of Company. 

Your posting or uploading any content such as messages, emails, data, answers to questions, videos, data or files or otherwise communicating with Company  through the Service, will not limit or otherwise affect what you may do with such content on your own, or what you may permit parties other than Company to do with it.  

When you upload content, you are granting to Company and its affiliated persons and entities (and to third parties authorized by Company) a non-exclusive perpetual, irrevocable, worldwide, royalty-free, and unrestricted license to sublicense, adapt, copy, host, exhibit, cache, store, publish, translate, distribute, transmit, publicly perform, publicly display, and otherwise use and re-use that content in and in connection with the Service, as well as in related advertising and promotion, by and through any and all means and media, both now known and later invented or discovered.  This right includes (without limitation) the right to compile your content with the content of others and use it, and permit others to use it, in that form.

You will receive no royalty or other compensation for this license or for any such licensed use.  You agree that having your content considered by, and/or used in or in connection with the Service, is adequate consideration for this license and for your agreement generally to the Terms of Use.  You waive all moral rights, ancillary rights, and similar rights in and to the content you upload.  Company is not responsible for any unauthorized use by persons or entities other than Company of your content.  Company is not required to use any content you upload in or in connection with the Service. 

Permission to Use Names, Images and Third Party Property

You permit Company, its affiliated persons and entities, and third parties authorized by Company to use any content you upload or communicate to Company, and to identify its source as you.  You warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize Company to use, distribute or otherwise exploit in all ways permitted by the Terms of Use, all copyrights, trademarks, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any content that you upload.  You agree not to upload or submit to Company any content that is inconsistent with this warranty.  Without limitation, if any recognizable persons, or any intellectual property belonging to third parties, are included in any content you upload or communicate to Company, you warrant that you have authority to do so and to permit Company to make use of that content as provided in the Terms of Use.  Company is not responsible for any unauthorized use of such names or any third party property, in your content.

Improper Use of the Service

You may not upload to the Service any content that is pornographic, harassing, threatening, obscene, vulgar, offensively violent, abusive, sexually explicit, defamatory, bigoted, hate-related, invasive of privacy, confidentiality, or publicity rights, infringing of copyright, trademark or other proprietary rights, advocating illegal activity or discussion of illegal activity, or otherwise in violation of any law or rule. You remain solely responsible for all such content, and Company disclaims all liability relating to it. Company may remove content from the Service for any reason, and reserves the right to edit or otherwise modify content that you upload to cause it to conform to Company’s policies, all in its sole and absolute discretion. 

At no time will you upload any virus, Trojan horse, worm, back door, time bomb, drop-dead device or any other software routines or hardware components designed to: (a) disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form; (b) cause any of the foregoing with the passage of time; or (c) place a program or hardware under the positive control of a person or entity other than an owner or licensee of the program or hardware. 

You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of it.  You may not attempt to gain unauthorized access to the Service, or to computer systems or networks connected to it, through hacking, or any other unauthorized means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. 

No Unsolicited Manuscripts

Company does not accept unsolicited manuscripts sent to it through the Service or otherwise, and takes no responsibility for any manuscript so transmitted.

Parental Control Protections

Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist in limiting access to material that is harmful to minors. You can find current providers of such technology by using the following internet search terms: “parental control protections.”

Exclusion of Liability

  YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.  
YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.  

YOU UNDERSTAND AND AGREE EXPRESSLY THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE IB WHOLE OR IN PART; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION CONTENT YOU UPLOAD; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Other Websites

Company may provide, or third parties may provide, through the Service links to other web sites or resources.   Company has no control over such sites and resources, is not responsible for their availability, and does not endorse and shall not be liable to you or any third party, directly or indirectly, for any advertising, goods or services, or other materials on or available from such sites or resources.  Also, Company shall not be liable to you or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. You should always review the terms and conditions of any site that you access through a link from the Service.

Indemnity

You agree to defend, indemnify and hold Company and any affiliated persons or entities harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or others acting on your behalf, or in connection with the use of the Service or the placement or transmission of any message or information on the Service by you or such users acting on your behalf. Company shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Right to Terminate or Suspend

Company, in its sole discretion, reserves the right to terminate or suspend access to and/or use of the Service to any person or entity in whole or in part for any reason.  Any such termination or suspension may be effected without prior notice to you and Company shall not be liable to you or any third-party for any such termination or suspension.  In the event of termination or suspension, all limitations on Company’s liability, rights you have granted Company and on your use of material from the Service shall survive.

Company  may also in its sole discretion and at any time modify or discontinue, temporarily or permanently, the Service (or any part of it), with or without notice. 

Miscellaneous Provisions

These Terms of Use, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Company as to your use of the Service, superseding all prior or contemporaneous communications and/or proposals.  The Terms of Use and the relationship between you and Comapny shall be governed by the laws of the State of New York and the United States of America without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or privilege under the Terms of Use shall operate as a waiver thereof. Each of these Terms of Use is severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Locations Outside the United States

Company makes no representation that the contents of the Service, including without limitation, its Privacy Policy, and any transactions offered, are appropriate or authorized in locations other than the United States of America.  Those who choose to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws.  Software from the Service is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Iran, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.

Copyright Agent

Company respects the intellectual property of others and asks its visitors to do the same.  If you believe that any copyrighted work of yours has been used on or in connection with the Service in a way that constitutes copyright infringement, please provide the Copyright Agent of Company the following information:

The Copyright Agent of Company for notice of claims of copyright infringement on its Service is Heide Lange, Sanford Greenburger Associates, who can be reached at 55 Fifth Avenue, New York, NY 10003.  The telephone number is 212-206-5600 and the fax number is 212-463-8718.  Email: queryHL@sjga.com.  Please write “Copyright Agent” in the subject matter box when sending an email or other correspondence.

The Copyright Agent is to be contacted solely to give notice of copyright infringement or otherwise communicate about copyright protection issues, pursuant to the Copyright Act of the United States.  This address does not connect with Dan Brown or persons in his employ and should not be used to attempt to contact Mr. Brown.