Synk Terms of Use

The following document outlines the terms of use of the Synk smartphone app and social network ("Terms"). You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the Synk services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

Acceptance of Terms

The Synk app and social network are owned and operated by Synk, Inc. ("Synk"), a Texas corporation, and are accessed by you under the Terms of Use described below ("Terms").

Please read these terms carefully before using any services provided by Synk. By using the Synk app ("App") and social network ("Network"), viewing any content delivered by the network, or using any services available through the App and Network (as each is defined below) you are agreeing to be bound by these terms, which, together with our Privacy Policy, governs our relationship with you in relation to Synk, the App, and the Network. If you disagree with any part of the terms then you may not use the app or access the App or Network.

In Other Words:

By using Synk you agree to all the terms below.

Description of Service

Synk is an online community that lets users create and share events, propose meeting times, compare schedules with friends, share photos for and from events, and subscribe to specialty calendars for sporting events, entertainment, holidays, and birthdays ("Services"). Services include, but are not limited to, any service and/or content Synk makes available to or performs for you, as well as the offering of any materials displayed, transmitted, or performed on the Network or through the Services. Content ("Content") includes, but is not limited to, events, meeting proposals, shared schedules, photos, messages, event reminders, data, graphics, and software.

Your access to and use of the Network may be interrupted from time to time as a result of equipment malfunction, emergency updates, maintenance or repair of the Network, data center outages, or any other reason within or outside the control of Synk. Synk reserves the right to suspend or discontinue the availability of the Network and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Synk may also impose limits on certain features and Services or restrict your access to parts of or all of the Network and the Services without notice or liability. The Network should not be used or relied upon for storage of your schedules, photographs, and images and you are directed to retain your own copies of all Content posted on the Network.

In Other Words:

We have created an app and social network to provide services that allow users to create and manage events and synchronize schedules with friends, and we will develop more features and services in the future. At times things can go wrong and the Services may be interrupted. We do our best to prevent it, but it can happen.

Registration

As a condition to using Services, you are required to open an account with Synk and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Synk account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Synk account.

Services are available only to individuals (i) who are at least 13 years old and (ii) who, if under 18 years old, are authorized to access the Network by a parent or legal guardian. If you have authorized a minor to use the Network, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Network by the minor. Parents and legal guardians are warned that some users of the Network may display photographs deemed by some to be offensive or inappropriate for minors. If you do not qualify for registration you are not permitted to open an account or use the Services.

In Other Words:

To fully use Synk services you need to be 13 years of age or older, have permission if you are a minor, create your own account, and do so without violating other peoples' rights.

User Conduct

All Content posted or otherwise submitted to the Network is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you and not Synk are entirely responsible for all Content that you post or otherwise submit to the Network. Synk does not control user-submitted Content and as such does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Synk App and Synk Network that you may be exposed to Content that you may find to be offensive, indecent, or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Synk. By way of example, and not as a limitation, you agree not to use the Services:

   To abuse, harass, threaten, impersonate or intimidate any person;

   To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;

   For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;

   To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Synk user;

   To create or transmit unwanted 'spam' to any person or any URL;

   To create multiple accounts for the purpose of voting more than once on group timeshares;

   To post copyrighted Content that doesn't belong to you, with exception of "fair use" excerpts, where you may post such Content with explicit mention of the author's name and a link to the source of the Content;

   You will not use any robot, spider, scraper, or other automated means to access the Network for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Network or any activities conducted on the Network; or (iii) bypass any measures we may use to prevent or restrict access to the Network and Services;

   To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

   To promote or sell Content of another person;

   To sell or otherwise transfer your profile.

To report a suspected abuse of the Network or a breach of the Terms (other than relating to copyright infringement which is addressed under "COPYRIGHT COMPLAINTS" below) please send written notice to Synk at email: privacy@synk.life.

You are solely responsible for your interactions with other users of the Network. Synk reserves the right, but has no obligation, to monitor disputes between you and other users.

In Other Words:

You cannot use our app and network to post pornographic material, harass people, send spam, or engage in mean, insensitive, or socially unacceptable behavior. Be reasonable and responsible, don't do anything stupid and you'll be fine.

Content Submitted Or Made Available For Inclusion On The Service

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the Network. By submitting Content to the Network you are granting Synk a worldwide, non-exclusive license to use the Content and are representing and warranting to Synk that the Content is owned or duly licensed by you, and that Synk is free to publish, distribute, and use the content as hereinafter provided for without obtaining permission or license from any third party.

In consideration of Synk's agreement to allow you to post Content to the Network and Synk's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Synk as follows:

 You acknowledge that:

       By uploading your photographic or graphic works to Synk you retain full rights to those works that you had prior to uploading.

       By posting Content to the Network you hereby grant to Synk a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Network and will automatically terminate upon the removal of the Content from the Network;

       The license granted to Synk includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, Web sites, applications, and other entities, as submitted to Synk by you;

       Synk uses industry recognized software and measures to restrict the ability of users and visitors to the Network to make high resolution copies of Content posted on the Network. Notwithstanding this, Synk makes no representation and warranty that Content posted on the Network will not be unlawfully copied without your consent. Synk does not restrict the ability of users and visitors to the Network to make lower resolution or 'thumbnail' copies of Content posted on the Network and you hereby expressly authorize Synk to permit users and visitors to the Network to make such copies of your Content; and

       Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

       You are the owner of all rights, including all copyrights in and to all Content you submit to the Network;

       You have the full and complete right to enter into this Terms agreement and to grant to Synk the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to, any other person in connection with the use by Synk of the Content as contemplated herein; and

       The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights, or any other right of any person, or violate any law or judicial or governmental order.

       You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Synk, all of which such rights are hereby expressly and irrevocably waived by you in favor of Synk.

In Other Words:

Your Content will preserve whatever copyright it had before you uploaded it to this Network. We will protect the copyright and will not use your Content without your permission.

Fair Usage Policy

Synk maintains a fair usage policy to ensure stable and fast service to all users. At present, Synk has no limits on the number of photos that can be uploaded for any one event or by any single user, other than limiting users to upload no more than 5 photos at one time. However, Synk reserves the right to impose limits on photo uploads and storage at any time, without advance notice.

In Other Words:

At present you can upload as many photos as you wish, but we reserve the right to limit photo uploads in future if it becomes a problem.

Copyright Complaints

Synk respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Network infringes the copyright or other intellectual property infringement ("Infringement") of any person. Synk will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Network.

To notify Synk of a possible Infringement you must submit your notice in writing to the attention of "Copyright Infringement" care of legal@synk.life and include in your notice a detailed description of the alleged Infringement sufficient to enable Synk to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Synk with a counter notice in writing to the attention of "Copyright Infringement Counter Notification" at legal@synk.life. You must include in your counter notice sufficient information to enable Synk to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

In Other Words:

We respect copyright. If you believe someone has violated your copyright, please send an email with all the details to legal@synk.life.

Links

The Services may provide, or third parties may provide, links to other World Wide Web sites, networks, or resources. Because Synk has no control over such sites, networks, and resources, you acknowledge and agree that Synk is not responsible for the availability of such external sites, networks, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites, networks, or resources. You further acknowledge and agree that Synk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Network or resource.

In Other Words:

We are not responsible for links on the Synk network.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Synk, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall, or may have, for or by reason of, or arising directly or indirectly out of, your use of the Network and the Services.

You hereby agree to indemnify and hold harmless Synk, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Network, (iii) the use of the Services, by you or any person using your account or Synk username and password, (iv) any violation of any rights of a third party.

In Other Words:

We are not liable if something goes wrong. Make sure you have backup copies of your photos.

Limitation Of Liability

In no event shall Synk be liable under contract, tort, strict liability, negligence, or other legal theory with respect to the Network, the Services, or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (ii) to provide substitute goods or services (however arising); or (iii) for any direct damages in excess of (in the aggregate) $100.

In Other Words:

We repeat: we are not liable.

Trademarks

Synk, synk.life and other Synk graphics, tag lines, logos, designs, page headers, button icons, scripts, and service names are trademarks of Synk. Synk's trademarks may not be used in connection with any product or service without the prior written consent of Synk.

In Other Words:

Please respect our trademarks and brands.

Termination

Synk may terminate or suspend any and all Services and/or your Synk account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Synk account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account, Synk will automatically remove all Content posted to your account from display.

In Other Words:

We may stop providing services at any time. You can stop using your account or close it at any time as well.

Change

Synk reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, Synk will notify you by posting an announcement on the Network. What constitutes a material change will be determined at Synk's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Services or viewing any Content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

In Other Words:

If these terms of use change significantly, we will notify you. We decide what changes are significant.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Synk in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Synk shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Synk's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference or network latency). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Synk may transfer, assign, or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the state of Texas, as if made within Texas between two residents thereof, and the parties submit to the exclusive jurisdiction of Texas courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

In Other Words:

These are our terms of use and they reiterate that we're not liable. If you don't like these terms, please don't use the Synk app or network.