Terms of Use

This site is owned and operated by Syntiant Corp. (“Syntiant,” “we,” “us,” or “our”). By visiting our online and mobile site and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms of use (the “Terms”), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

 

We reserve the right to change these Terms from time to time without notice.  The date of the latest version of these Terms is indicated at the end of these Terms. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.  If you do not wish to be bound by these Terms, do not access our site.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITE

 

Responsible Use and Conduct

 

By visiting our site and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (“Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

 

 

You further understand that:

a.    In order to access our Resources, you may be required to provide certain personal information about yourself (such as identification, contact details, etc.) as part of a registration process or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. 

 

b.    You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).

 

c.    Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

 

d.    Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

 

e.    Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. 

 

f.    You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

 

g.    We may provide various open communication tools on our site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. (“Your Submissions”). You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

 

  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
     

  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
     

  3. Contains any type of unauthorized or unsolicited advertising; or
     

  4. Impersonates any person or entity, including any Syntiant employees or representatives.

 

 

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. 

 

When you provide Your Submissions on our site, you grant to Syntiant a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, privacy and publicity rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you.

 

 

h.  We do not assume any liability for any content posted by you or any other 3rd party users of our site. However, any content posted by you using any open communication tools on our site, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Syntiant, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of any registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy. 

 

i.    You agree to indemnify and hold harmless Syntiant and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

 

Privacy

 

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, use, share, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms. To read our privacy policy in its entirety, click here .

 

 

Limitation of Warranties

 

By using our site, you understand and agree that all Resources we provide are “as is” and “as available.” This means that we do not represent or warrant to you that the:

 

a.    Use of our Resources will meet your needs or requirements.
 

b.    Use of our Resources will be uninterrupted, timely, secure or free from errors.
 

c.    Information obtained by using our Resources will be accurate or reliable, and

d.    Defects in the operation or functionality of any Resources we provide will be repaired or corrected.

 

Furthermore, you understand and agree that:

  1. Any content downloaded or otherwise obtained using our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
     

  2. No information or advice, whether expressed, implied, oral or written, obtained by you from Syntiant or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

 

 

Limitation of Liability

 

To the full extent allowed by applicable law and in conjunction with the limitations of warranties as explained above, in no event shall Syntiant and its suppliers or licensors have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the site or resources, whether foreseeable or not, and even if Syntiant had been advised of the possibility of such damages.  If Syntiant is found liable to pay you any damages, Syntiant’s total cumulative liability to you under these terms shall not exceed $100.

 

 

Copyrights/Trademarks

 

All content and materials available on our site, including but not limited to text, graphics, site name, code, images and logos are the intellectual property of Syntiant, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Syntiant.

 

 

Termination of Use

 

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our site and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

 

Governing Law

 

This site is controlled by Syntiant from our offices located in the State of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our site, you agree that the laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the use of any Resources through this site.  The courts located in Orange County, California, shall have sole and exclusive jurisdiction to hear any claims or disputes arising out of these Terms.

 

 

Guarantees

 

Unless otherwise expressed, Syntiant 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.

 

 

Entire Agreement; Severability; No Waiver

 

These Terms, together with our Privacy Policy and any policies that we post on our site, constitute the entire agreement between you and Syntiant with respect to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Syntiant with respect to such subject matter. If any provision of these Terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of you and Syntiant.

 

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

 

 

How to Contact Us

 

If you have any questions or comments about these Terms as outlined above, you can contact us via:

 

Email at terms@syntiant.com

 

You may also contact us at:

 

Syntiant Corp.

Attention:  Legal Department

7555 Irvine Center Drive, Suite 200

Irvine, CA  92618

United States of America

 

This Terms of Use were last modified on May 1, 2018.

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