Symbolic's Terms of Use
Effective date: August 21, 2025
Welcome to Symbolic. It’s important that you understand the rules to using our Services, so please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: support@symbolic.ai
Address: 2261 Market St, San Francisco, California 94114
These Terms of Use (the “Terms”) are a binding contract between you (“you” and “User”) and SYMBOLIC.AI, INC. (“Symbolic,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Getty Materials Usage Addendum (as applicable), Privacy Policy, and Copyright Dispute Policy in the “What if I see something on the Services that infringes my copyright?” section of these Terms. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
IF YOU HAVE AGREED TO A SEPARATE ENTERPRISE AGREEMENT WITH SYMBOLIC, YOUR ENTERPRISE AGREEMENT WITH SYMBOLIC SHALL CONTROL OVER THESE TERMS. NOTWITHSTANDING THE FOREGOING, PLEASE NOTE THAT IF YOU USE ANY PUBLISHER MATERIALS (DEFINED BELOW) FROM GETTY IMAGES, INC. OR ANY OF ITS AFFILIATES (TOGETHER, “GETTY”), IN ADDITION TO YOUR ENTERPRISE TERMS, YOU AGREE TO THE GETTY MATERIALS USAGE ADDENDUM SET FORTH BELOW. YOUR USE OF MATERIALS OR OTHER CONTENT FROM GETTY THROUGH THE SERVICES IN ANY WAY MEANS THAT YOU AGREE TO ALL OF THE TERMS OF THE GERRY MATERIALS USAGE ADDENDUM.
Throughout these Terms we have included some explanations to guide you, which will look like the font, highlighting, and style of this sentence. Note that these explanations are just high-level summaries and not a replacement for the full section, which you should read fully and carefully.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
As we grow, we might need to make changes to these Terms. When we do, we’ll let you know.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://symbolic.ai, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Symbolic takes the privacy of its users very seriously. For the current Symbolic Privacy Policy, please click here.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@symbolic.ai.
What are the basics of using Symbolic?
In order to use the Services, you’ll have to create an account. If you create an account, be responsible and keep the login information secret. You’re responsible for anything that happens using your account.
You may be required to sign up for an account, select a password and user name (“Symbolic User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Symbolic User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from such accounts for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you,” “your,” and “user” in these Terms, except for in this sentence, refer to that organization or entity). Furthermore, if you are agreeing to these Terms on behalf of an organization or entity, the Services may be accessed and used only by a limited number of your employees authorized in an applicable Order Form (the “Authorized Users”). You shall ensure that Authorized Users use the Services in accordance with the terms and conditions of this Agreement, and you are responsible for the acts or omissions of any person (including Authorized Users) who accesses the Services using passwords or access procedures provided to or created by you.
You will only use the Services for your own internal use. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Symbolic User ID, account or password with anyone, and you must protect the security of your Symbolic User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Symbolic User ID and account including any Authorized Users.
Use of Publisher Materials
As part of the Services, you may be able to use certain resources, materials, and articles from Publishers. Symbolic isn’t responsible for the Publisher Materials that you use.
Through the Services, Symbolic grants access to certain materials from third party sources (“Publishers”) to those looking to use those materials (“Writers”). When we use the word “you” or “user” in these Terms, it refers to any user, regardless of whether he or she is a Publisher or Writer, while if we use one of those specific terms, it only applies to that category of user.
Before receiving resources, articles, and other materials from any Publisher (“Publisher Materials”), Writers are responsible for making their own determinations that the Publisher Materials are suitable. Symbolic is only responsible for providing access to Publisher Materials as set forth in these Terms, and can’t and won’t be responsible for making sure that Publisher Materials are up to a certain standard of quality, accurate, complete, non-infringing, or otherwise in compliance with applicable law.
Stories
You may create Stories in connection with your use of the Services. Since Stories may be generated through use of artificial intelligence, you agree to use such Stories at your own risk. Symbolic is not responsible for the accuracy, completeness, or non-infringement of the Stories you generate from the Services. Furthermore, when you publish any Stories publicly, you must comply with all journalism industry standards, as well as all laws, rules, and regulations including those in connection with copyright protection and plagiarism, including, as applicable, by providing the appropriate attribution of and citation to underlying sources for your Stories.
You may generate memos, output, stories, articles, reports, press releases, or other materials through the Services in response to User Inputs (as defined below) (“Stories”). Certain Stories generated by the Services may be generated through use of artificial intelligence. You are fully responsible for the accuracy of your Stories, and you hereby release Symbolic and any its licensors from any liability regarding the same. You acknowledge and agree that (a) you will not include any unnecessary or deceptive User Inputs in connection with your use of the Services (including in an attempt to steer the Services to generate inaccurate results); (b) artificial intelligence and machine learning are rapidly evolving fields of study, and use of the Services may in some situations result in incorrect, inaccurate or infringing Stories; (c) you must verify the accuracy and appropriateness of any Stories before relying on any such Stories; (d) relying upon any Stories without first verifying accuracy and non-infringement with a qualified human could cause harm, including but not limited to legal, financial, and physical harm; (e) Stories may bear resemblance to Stories generated by other users who provide similar input, and your rights to the Stories generated based on User Input shall not be interpreted to limit the rights of other users; and (f) you have no rights to materials that are generated from the Services for other users, regardless of any level of similarity. Symbolic cannot control and has no duty to take any action regarding how you may interpret, rely on or use any Stories or what actions you may take as a result of having been exposed to Stories, and you hereby release Symbolic from all liability for your having acquired or not acquired Stories through the Services. You also understand and agree that while, as between the parties, while each Writer owns its own Stories, the Writer understands that due to the nature of the Services and artificial intelligence, the Stories may not be copyrightable or available for intellectual property protection under applicable law.
In addition, to the extent you as a Writer publish any Stories or derivatives thereof, you acknowledge and agree that you will comply with all laws, rules, and regulations including those in connection with copyright protection and plagiarism, including without limitation all journalistic integrity industry standards, as well as, as applicable, attribution to and citation of underlying sources. Neither Symbolic nor any of its licensors are responsible or liable for your creation or use of the Stories. Further, as set forth below, if there is a dispute between participants on this site or Services, or between users and any third party, you agree that Symbolic is under no obligation to become involved.
What about messaging?
We may have to contact you sometimes via email or text message in order to let you know about information regarding your account or transactions.
As part of the Services, you may receive communications through the Services, including messages that Symbolic sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Symbolic to send you information regarding your account or transactions with us, which may include Symbolic using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Symbolic, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Symbolic. You agree to indemnify and hold Symbolic harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
There are some rules about how you can use the Services in order to keep you, Symbolic, and Symbolic’s users and partners safe. Please make sure to follow those rules below.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Input (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
Infringes, violates, misappropriates, or plagiarizes the intellectual property rights or any other rights of anyone else (including Symbolic);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, plagiarism or any other purpose not reasonably intended by Symbolic;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Symbolic User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
In order to use the Services, we grant you a license to use the Content provided on the Services. We’ve put a lot of effort into our Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Inputs (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (a) except as otherwise expressly set forth herein; (b) without the prior consent of the owner of that Content; or (c) in a way that violates someone else’s (including Symbolic's) rights. For the avoidance of doubt, Writers may only use Publisher Materials they receive to inform the creation and development of relevant Stories, and in no circumstance may Writers republish or otherwise distribute Publisher Materials verbatim, wholesale, or on a standalone basis.
Subject to these Terms and any additional restrictions identified with certain Publisher Materials, we grant each user of the Services a non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Symbolic owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Symbolic or to other users?
In order to provide you with the Services, we’ll need rights to use your content, input and output. We do not own any of your content, input and output, although by providing it to us, you may grant us a license to use it as set forth below. You also grant other users rights to use your content, input and output in certain circumstances as set forth below.
User Inputs
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Input”. If you are a Writer, any Stories you post to the Services may also be considered User Input. Personal Reference Libraries (as defined below) and Limited-Audience Reference Libraries (as defined below) shall also be considered User Input. Some User Inputs may be viewable by other users as further set forth below. You are solely responsible for all User Inputs you contribute to the Services. You represent that all User Inputs submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Inputs that: (a) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (b) include material or information that requires a government license for release or export; or (c) that violate any law.
Licenses
In order to display your User Inputs on the Services, and to allow other users to enjoy them (where applicable as set forth below), you grant us certain rights in those User Inputs (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy (to the extent they relate to User Inputs that are also your personally-identifiable information.
Symbolic Licenses
For all User Inputs, you hereby grant Symbolic a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Inputs, in each case to enable us to operate the Services, as described in more detail below. You also grant Symbolic a limited, non-transferable, non-exclusive, worldwide, royalty-free right and license to include your name and standard logo within marketing and promotional materials solely for the purposes of identifying you as a customer or partner of Symbolic.
Personal Reference Library License
If you store User Input (including, if you are a Writer, Publisher Materials that you purchase) in your own personal Symbolic account, in a manner that is not viewable by any other user except you (a “Personal Reference Library”), you grant Symbolic the license above, as well as a license to display, perform, and distribute your Personal Reference Library for the sole purpose of making that Personal Reference Library accessible to you and providing the Services necessary to do so.
Limited-Audience Reference Library License
If you share User Input in a manner that only certain specified users can view (for example, if you are a Writer, sharing your Stories or Publisher Materials with Authorized Users in your organization) (a “Limited-Audience Reference Library”), then you grant Symbolic the licenses above, as well as a license to display, perform, and distribute your Limited-Audience Reference Library for the sole purpose of making that Limited-Audience Reference Library accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited-Audience Reference Library, and to use and exercise rights in it, as you specify and as permitted by the functionality of the Services. Note that within the Services, Publishers may specify certain restrictions and license scope for use by Writers of Publisher Materials and, to the extent there is a conflict, any such licenses control over any licenses to Writers otherwise set forth herein. For example, as a reminder, if you use any Publisher Materials from Getty, you agree to the Getty Materials Usage Addendum set forth below. Your use of materials or other content from Getty through the Services in any way means that you agree to all of the terms of the Gerry Materials Usage Addendum.
You agree that (other than as expressly specified in the Services by certain Publishers for certain Publisher Materials (including by Getty for Getty Content)) the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. When you delete your Symbolic account, we will stop displaying your User Input to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Symbolic’s records, and that your User Input may remain viewable elsewhere to the extent that they were copied or stored by other users or used in their Stories.
Finally, you understand and agree that Symbolic, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Inputs to conform and adapt those User Inputs to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
Here’s what happens if somebody thinks something infringing is posted to the Services.
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (b) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Symbolic's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (a)(iii) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
remove or disable access to the infringing material;
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Symbolic's Designated Agent at the following address:
Symbolic.ai, Inc.
Attn: DMCA Designated Agent
2261 Market St
San Francisco, CA 94114
Who is responsible for what I see and do on the Services?
We can’t take responsibility for the whole internet. If you access third party sources, we’re not the ones responsible.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
In addition, the Services may contain links or connections to third-party websites or services that are not owned or controlled by Symbolic. Symbolic has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Symbolic is not responsible for such risks. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Symbolic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Symbolic is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Symbolic, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Symbolic ever change the Services?
We’re always trying to make the Services better, so we may have to change, suspend or discontinue them in the future. We’ll try to give you notice when we do so.
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
Some of our Services (and the content on our Services) will be for a fee. You should provide accurate information to us for payment, and also read any billing and subscription terms carefully.
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR SYMBOLIC ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SYMBOLIC WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@symbolic.ai.
What if I want to stop using the Services?
Though we hate to see you go, please let us know if you’d like to stop using the Services. We may not be able to provide you all of the Content associated with your account if you terminate, but we’ll try to give you notice about that. We also reserve the right to terminate your account in our discretion.
You’re free to do that at any time by contacting us at support@symbolic.ai; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Symbolic is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Symbolic has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content (including Stories) associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Input you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Symbolic.
If you have deleted your account by mistake, contact us immediately at support@symbolic.ai – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Can I refer other users?
We may offer rewards or incentives for referring other users to the Services. If we do, we’ll let you know further details on those reward terms at that time.
From time to time Symbolic may offer rewards or incentives for referring others to the Services. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Symbolic nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Symbolic. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Symbolic reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Symbolic's discretion for any reason or for no reason whatsoever. If Symbolic determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Symbolic reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (i) used by Referrer or Referee prior to such revocation or (ii) issued by Symbolic to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
What else do I need to know?
Given the nature of the Services, we are not responsible for the accuracy, completeness, or non-infringement of the Services or the content or information you use on the Services. It’s your responsibility to use the Services carefully and, if you do something to get us in trouble, you’re responsible, not us. With that said, if you’re upset with us, let us know, and hopefully we can resolve it. But if we can’t, then these rules will govern any legal dispute involving our Services.
Warranty Disclaimer.
Symbolic and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Symbolic and all such parties together, the “Symbolic Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content, Publisher Materials, or Stories contained in, accessed or generated through the Services, and the Symbolic Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in, accessed or generated through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Symbolic Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including any Publisher Materials. THE SERVICES, CONTENT, PUBLISHER MATERIALS AND STORIES ARE PROVIDED BY SYMBOLIC (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SYMBOLIC PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SYMBOLIC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Symbolic Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Symbolic's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Symbolic and limits the manner in which you can seek relief from Symbolic. Both you and Symbolic acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Symbolic's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect including the JAMS Optional Arbitration Appeal Procedure (the “Rules”), by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Symbolic will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Symbolic will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Symbolic may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND SYMBOLIC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Symbolic are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Symbolic over whether to vacate or enforce an arbitration award, YOU AND SYMBOLIC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Symbolic is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 2261 Market St, San Francisco, California 94114 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Symbolic to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Symbolic agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Symbolic.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Symbolic may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Symbolic agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Symbolic, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Symbolic, and you do not have any authority of any kind to bind Symbolic in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Symbolic agree there are no third-party beneficiaries intended under these Terms.
GETTY MATERIALS USAGE ADDENDUM
By using content or materials from Getty (“Getty Content”), you hereby accept the terms of this Getty Materials Usage Addendum (the “Getty Addendum”), which is made pursuant to, and is subject to all terms and conditions of, the Symbolic Terms of Use (the “Terms”). All capitalized terms not otherwise defined in this Addendum will have the meanings assigned to them in the Terms. Unless modified herein, all terms and conditions in the Terms shall remain unchanged and in full force and effect. If there is a conflict between the terms of the Terms and the terms of this Addendum, the terms of this Addendum shall control.
Getty Content Usage Rights. You may use Getty Content in any way consistent with the rights granted below and otherwise not restricted by Section 2 of this Addendum. Subject to your compliance with those restrictions and the rest of the terms of this Addendum and the Terms, the rights granted to you by Getty are:
Creative Content: Perpetual, worldwide, unlimited, non-exclusive, for use in any and all media.
Editorial: Non-exclusive, and limited to the specific use, medium, period of time, print run, placement, size of content and territory selected, and any other restrictions that accompany the Getty Content on the Services.
In all cases, the rights granted to you in the Getty Content are non-transferable and non-sublicensable; provided that you may allow subcontractors (for example, your printer or mailing house) or distributors to use Getty Content in any production or distribution process for your Stories. These subcontractors and distributors must agree to be bound by the terms of this Addendum and may not use the Getty Content for any other purpose. In no event may Getty Content be made available to any other party that is in the business of the selling, licensing and/or distributing stock and/or editorial visual content for third-party use.
Getty Content Restricted Uses. You may not use the Getty Content in any of the following manners:
No Unlawful Use. You may not use Getty Content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
No Alteration of Editorial Content. Getty Content marked “editorial” or “intended for editorial” may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the Getty Content is not compromised, but you may not otherwise alter the Getty Content.
No Standalone File Use. You may not use Getty Content in any way that allows others to download, extract or redistribute Getty Content as a standalone file (meaning just the Getty Content file itself, separate from the Stories).
No Sensitive Use Without Disclaimer. If you use Getty Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the Getty Content is being used for illustrative purposes only, and (2) any person depicted in the Getty Content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for Getty Content marked “editorial” or “intended for editorial” that is used in a non-misleading editorial manner.
No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed Getty Content. For instance, you cannot create artwork based solely on licensed Getty Content and claim that you are the author.
Collection Specific Restrictions. If you use Getty Content from the following collections, you also agree to abide by the following additional restrictions: http://www.gettyimages.com/collection-restrictions: Digital Globe; BBC Motion Gallery; NBA; TVNZ; NBC News Archives; Storyful.
Additional Restrictions: Unless otherwise expressly permitted in your purchase of the Getty Content on the Services, the following are also prohibited:
No Commercial Use of Editorial Content. You may not use Getty Content marked “editorial” or “intended for editorial” for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses, or merchandising purpose. This type of Getty Content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics. In addition, you are responsible for obtaining any necessary approvals from third parties such as individuals featured or event organizers before using “editorial” Getty Content for a commercial purpose.
No “On Demand” Products. You may not use Getty Content in connection with “on-demand” products (e.g., products in which a licensed image is selected by a third party for customization of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
No Electronic Templates. You may not use Getty Content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).
No Use in Trademark or Logo. You may not use Getty Content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such Getty Content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third-party use of the Getty Content or any similar content (including by us, our customers, or the copyright owner of such content).
No Machine Learning, AI, or Biometric Technology Use. You may not use Getty Content (including any caption information, keywords or other metadata associated with Getty Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Symbolic and its partners and licensors do not represent or warrant that consent has been obtained for such uses with respect to model-released Getty Content.
No Metadata Exploitation. You may not use the caption information, keywords, accompanying text, or other metadata associated with Getty Content separate and apart from the Getty Content, or allow any third parties to access or use any such information associated with Getty Content.
No NFT Use of Editorial Content. You may not use any items of Getty Content marked “editorial” or “intended for editorial” in connection with an immutable digital asset intended for sale or other distribution (such as a non-fungible token).
Intellectual Property Rights.
All the Getty Content is owned by either Getty or its content suppliers. All rights not expressly granted in this Addendum are reserved by Getty and the content suppliers. You may not assert any right to revenue from a collecting society, social media website, content sharing platform or any other third party in respect of photocopying, digital copying, sharing, distribution or other secondary uses of the Getty Content.
You do not need to include a photo credit for commercial use, but if you are using Getty Content for editorial purposes, you must include a credit adjacent to the Getty Content or in production credits. The credit should be in the following form or as otherwise stipulated in the caption information accompanying the Getty Content on the Getty Images website: “[Photographer Name]/[Collection Name] via Getty Images”
Termination.
Termination. Upon termination of your use of the Services you must immediately: cease using the Getty Content; delete or destroy any copies; and, if requested, confirm to Symbolic in writing that you have complied with these requirements.
Social Media Termination. If you use the Getty Content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Getty Content for its own purpose or in a way that is contrary to this Addendum, the rights granted for such use of the Getty Content shall immediately terminate, and in that event, you agree to remove any Getty Content from such platform or website.
Content Withdrawal. Symbolic or Getty may discontinue licensing any item of Getty Content at any time in its sole discretion. On notice from Symbolic or Getty, or on your knowledge that any Getty Content may be subject to a claim of infringement of a third party’s right for which Symb olic or Getty may be liable, Symbolic or Getty may require you to immediately, and at your own expense, to: cease using the Getty Content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise.
DISCLAIMER. IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE TERMS, UNLESS SPECIFICALLY WARRANTED ABOVE, SYMBOLIC AND GETTY DO NOT GRANT ANY RIGHT OR MAKE ANY WARRANTY WITH REGARD TO THE USE OF NAMES, PEOPLE, TRADEMARKS, TRADE DRESS, LOGOS, REGISTERED, UNREGISTERED OR COPYRIGHTED AUDIO, DESIGNS, WORKS OF ART OR ARCHITECTURE DEPICTED OR CONTAINED IN THE GETTY CONTENT. IN SUCH CASES, YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER RELEASE(S) IS/ARE REQUIRED IN CONNECTION WITH YOUR PROPOSED USE OF THE GETTY CONTENT, AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING SUCH RELEASE(S). YOU ACKNOWLEDGE THAT NO RELEASES ARE GENERALLY OBTAINED FOR GETTY CONTENT IDENTIFIED AS “EDITORIAL” OR “INTENDED FOR EDITORIAL”, AND THAT SOME JURISDICTIONS PROVIDE LEGAL PROTECTION AGAINST A PERSON’S IMAGE, LIKENESS OR PROPERTY BEING USED FOR COMMERCIAL PURPOSES WHEN THEY HAVE NOT PROVIDED A RELEASE. YOU ALSO ACKNOWLEDGE THAT ORGANIZERS OF SPORTS, NEWS AND ENTERTAINMENT EVENTS SOMETIMES IMPOSE CONTRACTUAL RESTRICTIONS ON COMMERCIAL USE OF CONTENT CAPTURED AT THEIR EVENTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR PAYMENT OF ANY AMOUNTS THAT MAY BE DUE UNDER, AND COMPLIANCE WITH ANY OTHER TERMS OF, ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AS A RESULT OF YOUR USE OF THE GETTY CONTENT. WHILE SYMBOLIC AND GETTY HAVE MADE REASONABLE EFFORTS TO CORRECTLY CATEGORIZE, KEYWORD, CAPTION AND TITLE THE GETTY CONTENT, NEITHER SYMBOLIC NOR GETTY WARRANTS THE ACCURACY OF SUCH INFORMATION, OR OF ANY METADATA PROVIDED WITH THE GETTY CONTENT. IN SOME JURISDICTIONS, THE USE OF IMAGES DEPICTING ARTWORK, ARCHITECTURE OR LANDSCAPES OF CULTURAL IMPORTANCE MAY BE SUBJECT TO ADDITIONAL AUTHORIZATION BY AND FEES PAID TO THE APPROPRIATE AUTHORITIES. YOU WILL BE SOLELY RESPONSIBLE FOR OBTAINING SUCH AUTHORIZATIONS AND REMITTING SUCH FEES. SYMBOLIC AND GETTY DISCLAIM ALL LIABILITY ARISING FROM THE FAILURE TO DO SO. THE GETTY CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SYMBOLIC AND GETTY DO NOT REPRESENT OR WARRANT THAT THE GETTY CONTENT WILL MEET YOUR REQUIREMENTS.
Indemnification/Limitation of Liability.
Indemnification of Getty Images by you. You agree to defend, indemnify, and hold harmless Symbolic and Getty and their parents, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with (i) your use of any Getty Content outside the scope of this Addendum; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this Addendum or the Terms; and (iii) your failure to obtain any required release for your use of Getty Content.
LIMITATION OF LIABILITY. SYMBOLIC, GETTY, AND THEIR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS ADDENDUM, EVEN IF SYMBOLIC, GETTY, AND THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
General Provisions.
Assignment. This Addendum is personal to you and is not assignable by you without Symbolic’s prior written consent. Symbolic may assign this Addendum, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
Electronic storage. You agree to retain the copyright symbol, the name of Getty, the Getty Content’s identification number and any other information or metadata that may be embedded in the electronic file containing the original Getty Content, and to maintain appropriate security to protect the Getty Content from unauthorized use by third parties. You may make one (1) copy of the Getty Content for back-up purposes.
Third Party Beneficiary. Getty is expressly a third party beneficiary of this Addendum by which Getty can enforce violations of this Addendum directly.