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TERMS & CONDITIONS

SYNCHRONICITY ARTS TERMS AND CONDITIONS OF USE


Last Updated: April, 2011

Welcome to Synchronicity Arts. These Terms and Conditions of Use ("Terms") apply to and govern your use of the Synchronicity Arts web site (the "Site") and any services that may be provided by or registered with Synchronicity Arts through the Site by you (“Services”). In these Terms, the terms "we" or "us"also refer to Synchronicity Arts. By visiting our Site or using Services, you are accepting the practices described in these Terms and our Privacy Policy which is incorporated into and a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site or request or register for any Services. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.

License to Use the Site and Services; Restrictions

Synchronicity Arts grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of Synchronicity Arts. You may download one (1) copy of content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of Synchronicity Arts and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without the prior written consent of Synchronicity Arts. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to Synchronicity Arts.

You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on Synchronicity Arts’ infrastructure.


Ownership

Synchronicity Arts owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Synchronicity Arts is the owner of the copyright in the entire Site and Services. Synchronicity Arts owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Synchronicity Arts and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.


Change to Site or Services; Termination

Synchronicity Arts shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. Synchronicity Arts may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that Synchronicity Arts may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if Synchronicity Arts reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Synchronicity Arts or any third party, or for any reason with or without notice to you. You agree that Synchronicity Arts will not be held liable to you or any third party as a result thereof.


Links to Other Web Sites

The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by Synchronicity Arts or any of its subsidiaries and affiliates of any third party, its site, resources or contents. Synchronicity Arts cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. Synchronicity Arts has no control over these sites or the content within them. Synchronicity Arts doe not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.

Synchronicity Arts’ Rights to Materials Provided by Users

SYNCHRONICITY ARTS CLAIMS NO OWNERSHIP OR CONTROL OF USER-CONTENT, SPECIFICALLY IMAGES OF ARTWORK UPLOADED TO THE SITE. OWNERSHIP, COPYRIGHTS, PATENTS, AUTHORSHIP THAT EXIST PRIOR TO UPLOADING TO THE SITE DO NOT CHANGE AS A RESULT OF UPLOADING TO THE SITE. However Synchronicity Arts assumes no liability for use of Artwork copied from the site by others not related to the site. NOTE: This should not be much of a problem since image sizes on the site site are small, of low resolution, and would therefore not be of much use for publication or other commercial use.


No Responsibility for User Transmitted Material

You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Synchronicity Arts or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and Synchronicity Arts or any Synchronicity Arts affiliate or subsidiary other than pursuant to these terms and conditions of use. Synchronicity Arts shall not be responsible for the payment of any monies to any party in connection with Synchronicity Arts’ use of Communications submitted by you to the Site.


Monitoring, Editing and Disclosure of User Material

Any messages, files, data, information, content, materials or other contributions of third parties (“Contributions”) to the Site or Services do not necessarily represent the view or opinions of Synchronicity Arts. Synchronicity Arts does not assume any responsibility for the consequences of Contributions on or any communications or results arising from use of the Site or Services. Synchronicity Arts does not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.

You agree that Synchronicity Arts has the right, but not the obligation, to monitor your Communications and all Contributions on the Site or Services at any time for any reason in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that Synchronicity Arts may establish from time to time. Notwithstanding this right of Synchronicity Arts, Synchronicity Arts does not and cannot review all materials posted to the Site or Services by users, and Synchronicity Arts is not responsible for any such Communications or Contributions posted by users. Synchronicity Arts reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation or government or agency request or if, in Synchronicity Arts’  sole discretion, such materials are objectionable or in violation of these Terms. SYNCHRONICITY ARTS HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.


User Conduct

Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:

  • Disrespecting the privacy or views of other users;
  • Using Synchronicity Arts or the Site or Services for unlawful purposes or to promote any unlawful activities;
  • Impersonating another person, allowing another person to use your identification to post or view comments or soliciting passwords or personal identifying information from other users;
  • Transmitting "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; or
  • Submitting a Communication or Contribution that infringes or contributes to the infringement of the copyright rights, intellectual property rights or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false.

Indemnification

You agree to indemnify, defend and hold harmless Synchronicity Arts, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. Synchronicity Arts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of Synchronicity Arts.


Disclaimer of Warranties

Synchronicity Arts does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Synchronicity Arts reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.

NEITHER SYNCHRONICITY ARTS NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, Synchronicity Arts is not responsible for those costs.

NEITHER SYNCHRONICITY ARTS NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER SYNCHRONICITY ARTS NOR ITS CONTENT PROVIDERS WARRANT THAT the Site or Services will meet your requirements or that specific results will arise from use of the Site or Services, any Contributions, search, link or any other Synchronicity Arts products or services.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.


Limitation of Liability; Exclusion of Damages

Synchronicity Arts is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services.

Synchronicity Arts disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. Synchronicity Arts is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services

SYNCHRONICITY ARTS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS

UNDER NO CIRCUMSTANCES SHALL SYNCHRONICITY ARTS, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SYNCHRONICITY ARTS, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Non-United States Residents

Synchronicity Arts makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


Changes to Terms and Conditions

Synchronicity Arts reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.


Additional Remedies

You agree that monetary damages may not provide a sufficient remedy to Synchronicity Arts for your violation of these Terms, and, accordingly, you acknowledge and agree that Synchronicity Arts is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Synchronicity Arts under this Agreement, at law or in equity. Synchronicity Arts may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Synchronicity Arts is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.


Survival

The provisions titled "Ownership" "Changes to Site or Services; Termination" "Synchronicity Arts’ Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Monitoring, Editing and Disclosure of User Material ," "Indemnification", "Disclaimer of Warranties," "Limitation of Liability," "Additional Remedies," "Survival" and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.


General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Synchronicity Arts with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or Synchronicity Arts of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to Synchronicity Arts must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.