The SyncTXT Web Site (the "Site")
is an online information service provided by SyncTXT and Affiliates ("SyncTXT
"), subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. SyncTXT MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
The entire contents of the Site
are protected by international copyright and trademark laws. The owner of the
copyrights and trademarks are SyncTXT, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to SyncTXT a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to SyncTXT by all means and in any media now known or
hereafter developed. You also grant to SyncTXT the right to use your name in
connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against SyncTXT for any
alleged or actual infringement or misappropriation of any proprietary right in
your communications to SyncTXT.
Publications, products, content or
services referenced herein or on the Site are the exclusive trademarks or
servicemarks of SyncTXT. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied by
SyncTXT, SyncTXT does not operate, control or endorse any information, products
or services on the Internet in any way. Except for SyncTXT- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with SyncTXT a. You also understand that
SyncTXT cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and
for maintaining a means external to the Site for the reconstruction of any lost
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SyncTXT PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND SyncTXT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. SyncTXT DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
YOU UNDERSTAND FURTHER THAT THE
PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. SyncTXT HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL SyncTXT BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SyncTXT OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, SyncTXT LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
SyncTXT makes no representations
whatsoever about any other web site which you may access through this one or
which may link to this Site. When you access a non-SyncTXT web site, please
understand that it is independent from SyncTXT, and that SyncTXT has no
control over the content on that web site. In addition, a link to a SyncTXT web
site does not mean that SyncTXT endorses or accepts any responsibility for the
content, or the use, of such web site.
You agree to indemnify, defend and
hold harmless SyncTXT, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2
(Use of the Service), and 3 (Indemnification) are for the benefit of SyncTXT
and its officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated
by either party without notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
This Agreement shall all be
governed and construed in accordance with the laws of The United States of
America applicable to agreements made and to be performed in The United States
of America. You agree that any legal action or proceeding between SyncTXT and
you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or
claim you may have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of action
is barred. SyncTXT's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. SyncTXT may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Subscription fees are non-
refundable except at the discretion of the management of SyncTXT. Gift
subscriptions, gift certificates, and any other pre-paid or non-paid
subscriptions are non-refundable. In the event of discontinuation or non-
availability of the SyncTXT service, SyncTXT may issue pro-rated refunds
at its discretion. In the event of non-compatibility of the SyncTXT service
with your wireless carrier or your method of receipt of text messages,
SyncTXT may issue a refund at its discretion.
8. Text Messaging Charges.
You are responsible for all
charges levied by your wireless carrier for the receipt and sending of text
messages, picture messages, video messages, SMS, MMS, or any other wireless
communiques transmitted between your mobile phone and SyncTXT.
SyncTXT bears no liability for
the non-availability of its services.
Any rights not expressly granted
herein are reserved.