Terms and conditions
Welcome to SyncSphere.By using SyncSphere, you agree to the following terms and conditions.
1. USE OF SERVICES
LodgON offers SyncSphere to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Belgium or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of SyncSphere services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify LodgON of any unauthorized use of your password or account or any other breach of security. LodgON cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. LodgON reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via SyncSphere. You understand that by using SyncSphere you may be exposed to Content that is offensive, indecent or objectionable, and that you use SyncSphere at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using SyncSphere and for any consequences thereof. You agree to use SyncSphere only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts SyncSphere or servers or networks connected to SyncSphere. To report any activity or Content that may violate the Terms of Service, please go to the help center.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
By using SyncSphere, you acknowledge and agree that LodgON may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of LodgON, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of SyncSphere, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. PROPRIETARY RIGHTS
LodgON's Rights
You acknowledge and agree that LodgON services including SyncSphere
and any necessary software used in connection with those services ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws and treaties. Subject to the Terms of
Service, LodgON grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software, unless such activity is expressly permitted
or required by law. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to SyncSphere. You
agree not to access SyncSphere by any means other than through the interface
that is provided by LodgON for use in accessing SyncSphere. You further
agree not to remove, obscure, or alter LodgON's or any third party's copyright
notices, trademarks, or other proprietary rights notices affixed to or contained
within or accessed in conjunction with or through the Software.
You acknowledge and agree that third parties, including other LodgON users,
may own right, title and interest in and to Content hosted on SyncSphere
or otherwise presented to you through LodgON services, and that this Content
may be protected by applicable intellectual property and other laws and treaties,
including but not limited to laws governing copyright. You agree to comply
with all requirements of these laws.
Your Rights
LodgON claims no ownership or control over any Content submitted, posted or displayed by you on or through SyncSphere. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through SyncSphere and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through SyncSphere, you grant LodgON a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through SyncSphere, including RSS or other content feeds offered through SyncSphere, and other LodgON services. In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant LodgON a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content for the purpose of displaying, distributing and promoting LodgON services. LodgON will discontinue this licensed use within a commercially reasonable period after such Content is removed from SyncSphere. LodgON reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
5. GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE
You agree that LodgON has no responsibility or liability for the deletion or failure to store or make available any Content and other communications maintained or transmitted by SyncSphere. You acknowledge that LodgON has the right, at its sole discretion, to limit the number of transmissions you may send or receive through SyncSphere or the amount of storage space, bandwidth, or other resources you may use, and LodgON has the right to terminate or suspend your account based on usage that exceeds these limits. You may elect to purchase other services or resources such as additional storage space. Payments for such purchases are nonrefundable.
Upon the termination of your use of SyncSphere, including upon receipt of a certificate or other legal document confirming your death, LodgON will close your account and you will no longer be able to retrieve content contained in that account.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of SyncSphere, use of SyncSphere , or access to SyncSphere.
7. MODIFICATIONS TO SERVICE
LodgON reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, SyncSphere (or any part thereof) with or without notice. You agree that LodgON shall not be liable to you or to any third party for any modification, suspension or discontinuance of SyncSphere.
8. TERMINATION
You may discontinue your use of SyncSphere at any time. You agree that LodgON may at any time and for any reason, including a period of account inactivity, terminate your access to SyncSphere, terminate the Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to SyncSphere , your account or any files or other content contained in your account. Sections 9 (Termination), 12 (Indemnity), 13 (Disclaimer of Warranties), 14 (Limitations of Liability), 15 (Exclusions and Limitations) and 18 (including choice of law, severability and statute of limitations), of the Terms of Service, shall survive expiration or termination.
9. ADVERTISEMENTS
Some LodgON services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by LodgON on its services are subject to change. You agree that LodgON shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on LodgON services.
10. LINKS
LodgON may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LodgON has no control over such sites and resources, you acknowledge and agree that LodgON is not responsible for the availability of such external sites 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 or resources. You further acknowledge and agree that LodgON 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 site or resource.
11. INDEMNITY
You agree to hold harmless and indemnify LodgON, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of SyncSphere , violation of this Terms of Service or any other actions connected with use of SyncSphere, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, LodgON will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF SYNCSPHERE IS AT YOUR SOLE RISK. SYNCSPHERE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LodgON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LodgON DOES NOT WARRANT THAT (I) SYNCSPHERE WILL MEET YOUR REQUIREMENTS, (II) SYNCSPHERE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SYNCSPHERE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SYNCSPHERE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SYNCSPHERE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LodgON OR THROUGH OR FROM SYNCSPHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LodgON SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LodgON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE SYNCSPHERE ; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SYNCSPHERE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SYNCSPHERE; OR (V) ANY OTHER MATTER RELATING TO SYNCSPHERE.
14. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
16. NOTICE
You agree that LodgON may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on SyncSphere.
17. GENERAL INFORMATION
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and LodgON and govern your use of SyncSphere, superseding any prior agreements between you and LodgON for the use of SyncSphere . You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LodgON services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and LodgON shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and LodgON agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of LodgON to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SyncSphere or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
