You are responsible for your use of the Services and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services (including posts), usernames and passwords that you provide to the Services, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Services).
Specific rules or additional terms may apply to the submission of certain User Materials. These terms will be provided in connection with those portions of the Services and, while these Terms of Service will apply to all User Materials, such additional terms shall supplement the Terms of Service unless expressly provided otherwise. In any event, any User Materials you send to us will not be treated as confidential.
We are interested in hearing from you regarding your questions or comments about our Services. You may provide suggestions, comments or other feedback about our Services (collectively "Feedback") by writing to email@example.com.
While we do not claim ownership of User Materials, by providing User Materials to us or others via the Services you are automatically granting us a perpetual, irrevocable, worldwide, paid up, non-exclusive license to use the User Materials or any of its elements for any type of use forever, including promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include User Materials you provide. You agree that any User Materials you provide us may be used by us or our affiliates, and you are not entitled to any payment or other compensation for such use.
You hereby confirm: (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through the Services does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; and (c) your posting is in accordance with this Terms of Service and that we shall not be liable for any use or disclosure of such User Materials. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction User Materials, and you agree that you must evaluate and bear all risks associated with our use of User Materials or our reliance on the accuracy, completeness, or usefulness of User Materials.
Your right to make use of the Services and materials incorporated in or made available through the Services, including Premium Content, (collectively "Content") is subject to your compliance with these Terms of Service. Modification or use of the Content on the Services for any purpose not permitted by these Terms of Service may be a violation of intellectual property laws.
You are granted a non-exclusive, non-transferable, limited right and license to access and use the Services and Content solely for your private non-commercial viewing. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use the Services or Content.
While using the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable. You agree to use the Services at your sole risk and that we shall not have any liability to you for the type of Content that you may access, including without limitation Content that you may find offensive, indecent, or objectionable. We do not warrant the truth or validity of the information provided via the Services.
The Services may link you to other websites, software or mobile applications. These sites, software or applications may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.
We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Services or our software since such other sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Parts of the Services may be provided by third-parties and subject to the rules, policies and guidelines of such third party, including, but not limited to those of Google; and Facebook. You can also use the Services to access or purchase video content from a variety of sources. Where the content is provided by a third party source, those services are governed by their respective privacy policies and terms.
Third party applications or features ("Third Party Tools") provided by the Services are not our responsibility. Your use of Third Party Tools is at your own risk. Our Companies make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to Third Party Tools including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Services or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.
The Services and the Content are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, branding, logos or images on the Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others ("Trademarks"). We respect the intellectual property rights of others and ask users of the Services to do the same. You will not infringe the Copyrights, Trademarks or intellectual property rights of us or the owners of Content. The Content, Copyrights or Trademarks may not be used in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our affiliates.
You agree not to bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Services, or Content or mechanisms that protect or limit use or access to the Services or Content, including, but not limited to, any digital rights management functionality. You agree that you will not compromise security of the Services, Content and/or Accounts or tamper with system resources. Also, decompiling, reverse engineering, disassembling, or otherwise using technical means to investigate and/or replicate the functionality of the Services and/or to copy or create other products based (in whole or in part) on the Services, is prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents.
We reserve the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any submission, posting or e-mails you make or send to any portion of the Services. We may seek to gather information from the user who is suspected of violating these Terms of Service, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such materials from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD HARMLESS SYNOPSI S.R.O. AND THEIR OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF OUR COMPANIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ONE OF OUR COMPANIES OR LAW ENFORCEMENT AUTHORITIES.
We disclaim all liability whether based in contract, tort (including negligence), strict liability or otherwise, and do not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the Services or any web site, or the material, information, software, facilities, services, Content on the Services or any web site, regardless of the basis upon which liability is claimed and even if we have been advised of the possibility of such loss or damage. Without limitation, you assume the entire cost of all necessary servicing, repair, or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
We shall not be liable for any use or misuse of the software or any Services using software. You acknowledge software is being made available in reliance on the exclusions and limitations of liability and disclaimers of warranty set forth herein and that the same form an essential basis of the bargain between the parties. In no event shall our liability to you, whether arising in contract, tort, strict liability or otherwise, exceed the total amounts paid by you to us during the six (6) months immediately prior to the time such claim arose.
We may remove or modify any Content without notice or liability at any time in our sole discretion.
We shall not have any obligation to monitor or review communications of users of the software or the Services, and the content of such communications is not our responsibility. Any use of the features of the software or the Services which allow users to communicate (the "communication features") will be at your own risk and will be subject to the disclaimers and limitations on liability set out above.
You agree to indemnify and hold harmless Synopsi s.r.o. and our respective officers, directors, employees, agents, and distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of the Services or your account.
If a dispute arises between you and us, our preference is to resolve the matter quickly and in the most cost effective manner possible. Before resorting to the methods described below for settling a dispute, we ask that you provide us with notice of the dispute via email to firstname.lastname@example.org. Upon receipt, we shall have no less than ten (10) business days to attempt to resolve the dispute with you before the parties resort to the other alternatives described in this Section 22.
Any dispute of any kind between you and any of our Companies arising under these Terms of Service shall be resolved by binding arbitration in the county in which you reside. We reserve the right to demand any remedy for violations of these Terms of Service and/or any other rules and regulations set forth on the Services, including without limitation the right to block access from a particular Internet address.
If the claim you wish to assert against us is less than $10,000, then, at your election, the arbitration may proceed in-person, by telephone, or by written briefs. At your election, you also may bypass arbitration and proceed to assert your claim in small claims court. If either party files a claim in state or federal court that is required by this Agreement to have been brought to arbitration, then the other party shall be entitled to his/her/its reasonable attorneys' fees incurred in successfully filing a motion to compel the claim to arbitration.
The parties agree that they will resolve their disputes on an individual basis. Any claims brought under this agreement must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. This agreement also prevents any party from participating in a class action (existing or future) that was brought by any other party. Instead, the parties agree to resolve their disputes under this agreement on an individual basis.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be changed except by a signed writing by an officer of Synopsi.
If you believe that any content appearing on the Services infringes your copyright rights, we want to hear from you. Please forward the following information to email@example.com:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
We reserve any and all exemptions from liability that may be available under the copyright or other applicable law.
Headings and captions are used herein for convenience only and shall not be used to interpret these Terms of Service.
As used herein, "including" means "including, without limitation."
You may contact us at firstname.lastname@example.org.