Terms of Use

These Terms of Use are effective as of August 2013.


Welcome to Syndible. 

By accessing or using the Syndible website, the Syndible service, or any applications (including mobile applications) made available by Syndible (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Syndible, LLC ("Syndible”). These Terms of Use affect your legal rights and obligations. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICE.  YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, DATA, CONTENT AND MATERIALS OR ANYTHING ELSE OF USE OR VALUE ON THE SERVICE CONSTITUTES YOUR SPECIFIC AGREEMENT TO ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OR ACCESS THE SERVICE.

I.                   Acceptance of Terms of Use. 

Syndible is a user generated content driven Service that enables you to share your photos, information, data and other Content (defined below) relating to various topics with the Syndible user community, including other users such as yourself and news organizations and media outlets that may be interested in your Content.  Syndible provides various services that are subject to these Terms of Use.  We reserve the right, in our sole discretion, to change these Terms of Use (“Terms of Use” or "Updated Terms") from time to time. While we will make efforts to provide you with reasonable advance notice for such changes,  Syndible reserves the right to alter these Terms of Use with or without advance notice by posting revised Terms of Use. Accordingly, you should review these Terms of Use each time you access the Service to stay informed of changes. In addition, there may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. Any use by you of the Service shall be deemed to constitute your acceptance of these Terms of Use, or any changes, modification or additions to these Terms of Use.

 

II.                Basic Terms

1.    You must be at least 13 years old to use the Service.  If you are under 13, please exit the Service immediately. Persons under 13 years old are expressly forbidden from using the Service.  By using the Service, you represent that you are 13 years of age or older, and if you are under the age of 18, you are either an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use.

2.    You may not post or upload to the Service any violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other Content. 

3.    You are responsible for any activity that occurs through your account and you agree you will not sell, resell, duplicate, copy, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Syndible upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

4.    You agree that you will not solicit, collect or use the login credentials of other Syndible users.

5.    You are responsible for keeping your account password secret and secure.

6.    You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private information, confidential information, classified information, privileged information or proprietary information, or information that results from illegal industrial or other espionage via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

7.    You may not use the Service for any illegal or unauthorized purpose. You agree not to post or upload any Content to the Service that can give rise to criminal offense or civil liability or that advocates instructions on illegal activity or advocates illegal activities or that infringes or violates rights or third parties.

8.    You agree to comply with all laws, rules and regulations (for example, international, national, federal, state, provincial, local and municipal laws) applicable to your use of the Service and your Content, including but not limited to, copyright laws, trademark laws, trade dress laws, patent laws and other intellectual property laws.

9.    You are solely responsible for your conduct and any data, texts, files, information, data, usernames, images, graphics, visuals, illustrations, charts, pictures, snapshots, prints, images, photos, profiles, audio and video clips, films, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.  Syndible does not encourage or condone any attempt to obtain Content from situations that may be dangerous or illegal.

10.  You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Syndible.

11.  You must not access Syndible private API by means other than those permitted by Syndible.

12.  You must not create or submit unwanted  email, comments, likes or other forms of commercial or harassing communications to any Syndible users such as "spam," junk mail, chain letters, pyramid schemes, or other similar forms of unwanted solicitations.

13.  You must not use domain names or web URLs in your username without prior written consent from Syndible.

14.  You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive,  disruptive or harmful nature. You may not inject Content or code or otherwise alter or interfere with the way any Syndible page is rendered or displayed in a user's browser or device.

15.  You must comply with Syndible's additional community guidelines, which are found through the Service.   You agree not to post or upload any Content to the Service that is offensive to the general user community, including blatant expressions of bigotry, racism, abusiveness, obscenity, vulgarity or profanity, or Content that advocates pornography, pedophilia, incest or bestiality.

16.  You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

17.  You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Syndible terms.

18.  Violation of these Terms of Use may, in Syndible's sole discretion, result in termination of your Syndible account. You understand and agree that Syndible cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Syndible, we can stop providing all or part of the Service to you.

III.             General Conditions

1.    We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.  For example, we may terminate the Service or your access to the Service if we determine you have breached these Terms of Use, or if we are required do so by a law in any particular jurisdiction, or if Syndible is transitioning to no longer providing the Service to users in the country in which you are a resident or from which you use the Service, or if the provision of the Service is in Syndible’s opinion, no longer commercially viable.  You can deactivate your Syndible account by logging into the Service and completing the form available here on this link.   If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, other features, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your Content), but those materials and data may still persist and appear within the Service (e.g., if your Content has been shared).

2.    Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

3.    We reserve the right to refuse access to the Service to anyone for any reason at any time.

4.    We reserve the right to force forfeiture of any username for any reason.

5.    We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

6.    You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Syndible is not responsible or liable for the conduct of any user. Syndible reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

7.    There may be links to third-party web sites, applications or features in Content (including images or comments) within the Service. The Service also includes third-party Content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share your Content with a third party, such as a news publisher or media outlet, which may be publicly posted on that third party's service or application. It is possible that using some of the above listed functionality typically may require you to login to your account on the third-party service and you do so at your own risk. Syndible does not control any of these third-party services or any of their content. You expressly acknowledge and agree that Syndible is in no way responsible or liable for any such third-party services or features.  You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Syndible has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Syndible Parties (defined below) harmless for activity related to the Application.

8.    You agree that you are responsible for all data charges you incur through use of the Service.

9.    We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Syndible's express consent).

IV.             Your Content and Rights

1.    The Service allows you to post your Content on the Service under various designated topics or themes. In exchanging for posting your Content, as a user, you have the benefit of disseminating your Content under such topics or themes to a wider user community, some of which could be of interest to news organizations and media outlets.  In addition, by using the Service, you are allowed to view and hear the Content of others in the user community.

2.    Syndible does not claim ownership of any Content that you post or upload to the Service.  By submitting your Content to the Service, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Syndible and other paying subscribers of the Service (including media outlets and new organizations unaffiliated with Syndible) a royalty-free, non-exclusive, perpetual, worldwide license to use, telecast, rerun, reproduce, use, creative derivative works from, edit, revise, adapt, correct, rework, rewrite, rearrange, modify, syndicate, license, print, publish and prepare for publication, improve, adjust, translate, sublicense, distribute, and otherwise exhibit the Content you submit, or any portion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any other third party.  Notwithstanding the above, you acknowledge that in the event Syndible licenses the Content that you post to the Service, you may not or will not receive any additional monetary compensation for such Content, though it is possible that Syndible may receive revenues from third parties such as new organizations and media outlets for such Content. Separately, and in addition, you hereby grant to non-paying users/subscribers of the Service a royalty-free, non-exclusive, perpetual, worldwide license to view, read, listen to, observe, analyze and comment on your Content that is available to the general user community on the Service for such person’s personal use.

3.    You agree that certain features of the Service may require use of location information on your mobile device.  You agree that Syndible may access this location information and potentially send messages to you based on such information.

4.    Syndible may, from time to time, act as a distributor of Content, just like a bookstore.  Generally, Syndible does not have editorial control over such Content that you post or upload to the Service, though it does exercise the right to do exercise such control when appropriate.   Any opinions, advice, statements, services, offers or other Content expressed or made available by you or other users, are yours and those of other users and not those of Syndible.

5.    Your Content submissions are deemed non-confidential and Syndible assumes no obligation to maintain the confidentiality of any Content you submit, except pursuant to Syndible’s Privacy Policy, available on this link.

6.    Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Syndible may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

7.    You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

8.    You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use and that you control the exhibition of your Content; (iii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, patent and/or other intellectual property rights, trade secret law or other proprietary or confidentiality rights without permission of the lawful owner, or that the Content is not defamatory, libelous or slanderous, or violate any statutory or common law or any other rights of any person or entity; (iv) you solely are responsible for anything contained in the Content that you submit through the Service; (v) you agree to pay for all royalties, fees, and any other monies owed by you by reason of Content you post on or through the Service; and (vi) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.  By submitting material to the Service, you automatically warrant that the owner of the Content has granted you authority to post or upload such Content.

9.    Submissions of your Content through the Service do not represent the view of Syndible or any entity, individual or affiliate associated with Syndible.  In no event shall you represent or suggest, directly or indirectly, that Syndible endorses your Content.  Syndible does not vouch for the accuracy, completeness, authenticity, or credibility of any Content posted by you and does not take responsibility for any actions you may take as a result of users in the user community reading or seeing or using the Content that you post through the Service.  Through your use of the Service, you may be exposed to content that you find offensive, objectionable, harmful, inaccurate or deceptive.  There may also be risk of dealing with underage persons, people acting under false pretense, bad persons, international issues including international trade issues and foreign nationals. By using the Service, you assume all associated risks.

10.  Syndible respect the copyrights of others and expects its users to do the same. By you uploading, posting or otherwise making available Content on the Service, you affirm all of the representations and warranties set forth in Section 7 above and other covenants set forth in these Terms of Use.  Except as otherwise expressly permitted under copyright law, you will not copy, redistribute, retransmit, license, publish or commercially exploit any material without the express written permission of Syndible and the copyright owner, or owner of any other legal interests therein.  In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material without such written permission.  If you believe you have a claim of copyright or other intellectual property infringement with respect to Content that is posted on the Service, you may give Syndible written notice of your claim in accordance with the Digital Millennium Copyright Act, as amended (“DCMA”) or other applicable law, by following this link.

11.  The Syndible name and logo are trademarks of Syndible, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Syndible. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or other intellectual property of Syndible, and may not be copied, imitated or used, in whole or in part, without prior written permission from Syndible. The Service contains content owned or licensed by Syndible ("Syndible Content"). Syndible Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Syndible. Syndible owns and retains all rights in the Syndible Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Syndible Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, resell, license or otherwise exploit the Syndible Content.

12.  Although it is Syndible's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, due to failure of telecommunications links and/or equipment or due to other events. Also, Syndible reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Syndible, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or governmental order. Consequently, Syndible encourages you to maintain your own backup of your Content. In other words, Syndible is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Syndible will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

13.  You agree that Syndible is not responsible for, and does not endorse, Content posted within the Service and that Syndible does not have any compulsory obligation to prescreen, monitor, edit, or remove any Content that you post to the Service. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

14.  Except as otherwise described in the Service's Privacy Policy, available on this link, as between you and Syndible, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Syndible is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Syndible in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Syndible, and Syndible will not be liable for any use or disclosure of any Content you provide.

15.  Syndible does allow and encourage feedback on the Service’s features.  At the same time, it is Syndible’s policy not to accept or consider business plan materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Syndible generally does not accept unsolicited business plan materials or ideas, and takes no responsibility for any such business plan materials or ideas so transmitted. If, despite our policy, you choose to send us such business plan materials, you further agree that Syndible is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

V.                Reporting Copyright and Other IP Violations

1.    We respect other people's rights, and expect you to do the same.

2.    If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

3.    If you believe you have a claim of copyright or other intellectual property infringement with respect to Content that is posted on the Service, you may give Syndible written notice of your claim in accordance with the Digital Millennium Copyright Act, as amended (“DCMA”) or other applicable law.

VI.             Monitoring

1.   You understand that Syndible does not actively screen and monitor Content.  However, Syndible shall have the right, but not the obligation, duty or responsibility, to monitor all Content on the Service to determine compliance with these Terms of Use.  Syndible shall have the right, but no affirmative obligation, to edit, refuse to post or remove any Content submitted to or posted on the Service.  Without limiting the foregoing, Syndible shall have the rights to remove any Content that Syndible, in its sole discretion, finds to be in violation of the provisions or otherwise objectionable.  In addition, Syndible may share personally identifiable information in response to a law enforcement or security agency’s request, or where we believe it is necessary or as otherwise required or permitted by law.  Additional information can be accessed on Syndible’s privacy policy by following this link. 

2.   Any decision by Syndible to monitor and/or modify the Content on the Services does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Syndible in connection with or arising from use by you of the Service or participation by you in any forums or features of the Services.

VII.          Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, SYNDIBLE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER SYNDIBLE NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE "SYNDIBLE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SYNDIBLE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SYNDIBLE OR VIA THE SERVICE. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SYNDIBLE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE SYNDIBLE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS SERVERS, OR EMAIL OR OTHER ELECTRONIC COMMUNICATIONS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT YOU WILL OBTAIN CERTAIN RESULTS FROM USING THE SERVICE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SYNDIBLE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, RELIABLE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SYNDIBLE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SYNDIBLE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE SYNDIBLE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

VIII.       Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE SYNDIBLE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL OR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOST PROFITS, OR DAMAGES FOR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER KIND OR TYPE OF DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SYNDIBLE CONTENT; (C) USER CONTENT AND/OR YOUR SUBMISSION OF CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SYNDIBLE PARTIES OR LAW ENFORCEMENT OR NATIONAL SECURITY AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SYNDIBLE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SYNDIBLE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES IN THE UNITED STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SYNDIBLE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE DOLLAR ($1.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SYNDIBLE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SYNDIBLE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SYNDIBLE PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

SYNDIBLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

IX.             Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Syndible's request), indemnify and hold the Syndible Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, all attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Syndible in the defense of any claim. Syndible reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Syndible.

X.                Arbitration

Except if you opt-out or for disputes relating to: (1) your or Syndible's intellectual property (such as trademarks, domain names, trade secrets, copyrights and patents); or (2) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Syndible (whether or not such dispute involves a third party) with regard to your relationship with Syndible, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Syndible hereby expressly waive trial by jury. Such arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving another party subject to these Terms of Use, whether through a class arbitration proceedings or otherwise.  As an alternative to arbitration, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. NEITHER YOU NOR SYNDIBLE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF USE AND YOU EXPRESSLY WAIVE ALL RIGHTS TO PARTICIPATE IN SUCH CLASS ACTION OR CLASS-WIDE ARBITRATION. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Syndible is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Syndible or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Syndible can require the other to participate in an arbitration proceeding. To opt out, you must notify Syndible in writing within 30 days of the date that you first became subject to this arbitration provision. You must include your name and residence address, the email address you use for your Syndible account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Syndible.

XI.             Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Syndible must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

XII.          Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Syndible exclusively in a state or federal court located in New York, New York, and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Syndible’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Syndible reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Syndible.

XIII.       International Use

Different countries have different laws and regulations.  Syndible makes no representation that your use of the Service in your country of residence or from the country in which you access the Service, or your posting of Content through the Service is appropriate or legal outside of the United States or Canada. If you are accessing the Service from jurisdictions where your use of the Service or your access of the Service or your posting of Content through the Service may be illegal, you are solely responsible for complying with all such local laws and regulations.  By submitting any Content in connection with the Service, you understand and agree that such Content may pass through your country to Syndible’s servers in the United States or Canada.

XIV.       Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Syndible and governs your use of the Service, superseding any prior agreements between you and Syndible. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Syndible. Any purported assignment or delegation by you without the appropriate prior written consent of Syndible will be null and void. Syndible may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

XV.          Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Syndible to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Syndible provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

XVI.       Controlling Language

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

XVII.    Modifications

As stated above, although Syndible may attempt to notify you of changes to these Terms of Use, you should periodically review the most up-to-date version.  Syndible in its sole discretion may modify these Terms of Use, including any privacy policies incorporated by reference herein at any time.