Last Updated: December 2020
MODIFICATIONS TO SITE. At any time and at its sole discretion, Syncfree may modify in any way the terms and conditions contained in this agreement without notice. If you do not agree to these modifications, you must cease using the Site immediately. If you continue to use the Site then you agree automatically to acceptance of and Terms and you are bound by the changes therein specified. You agree that Syncfree shall not be held liable to you or to any third party for any consequences arising from any modification whatsoever to the Site.
TRADEMARKS. Syncfree Music and other names used throughout the Site are trademarks of Syncfree or other third parties. The look, feel and spirit of the Site including logos, banners and trade dress of Syncfree and may not be copied, imitated or used, in whole or in part, without prior written permission. Other product and company names mentioned on the Site are the property of their respective owners.
SECURITY. You acknowledge and agree that Syncfree cannot and does not guarantee or warrant that the Site or the Content will be free of viruses, malware, or other malicious or destructive code. You further agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site and/or the Content for any reconstruction of any lost data. Syncfree reserves the right to take any and all action, in its sole discretion, regarding the security of the Site and the Content, including, but not limited to, locking, disabling, and/or terminating your Account, resetting or changing your Login Credentials, or requiring additional information from you to verify and authorize transactions involving your Account.
WIRELESS NETWORKS. When you access the Site through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Site may be prohibited or restricted by your network provider and the Site may not work with your network provider or device.
NOTICES. Any notices Syncfree delivers to you may be made as follows: (a) by email to the last email address provided by you, or (b) by posting a notice on the Site. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from Syncfree. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that Syncfree may take steps to verify the accuracy of the information you provide.
DISCLAIMER. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, SYSTEM INTEGRATION, COMPATIBILITY, COMPLETENESS, ACCURACY, SECURITY, QUALITY, CURRENCY, AVAILABILITY, OPERATION, ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE, OR ANY OTHER EQUIVALENT WARRANTY UNDER THE LAWS OF ANY JURISDICTION. NEITHER SYNCFREE, NOR THE SYNCFREE PARTIES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SITE, THE CONTENT, OR THE IP, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT: (i) THE SITE, THE CONTENT, THE IP, AND ANY COMMUNICATIONS SENT FROM SYNCFREE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE FROM VIRUS, MALWARE, OR OTHER HARMFUL OR MALICIOUS CODE OR OTHER COMPONENTS; (ii) THAT ANY DEFECTS WILL BE CORRECTED; OR (iii) THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SYNCFREE FROM YOU OR THROUGH YOUR USE OF THE SITE OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS WEBSITE USE AGREEMENT OR APPLICABLE USER AGREEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SYNCFREE OR THE SYNCFREE PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE CONTENT, OR THE IP; (ii) YOUR FAILURE TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY UNAUTHORIZED, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR ANY THIRD PARTY; OR (iv) ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CIRCUMSTANCES BEYOND SYNCFREE’S REASONABLE CONTROL. THE LIMITATIONS SPECIFIED IN THIS SECTION ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS WEBSITE USE AGREEMENT AND WILL APPLY WHETHER OR NOT SYNCFREE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE CONTENT. IF, NOTWITHSTANDING THE LIMITATIONS SET FORTH IN THIS SECTION, SYNCFREE IS FOUND TO BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY, SYNCFREE’S AGGREGATE LIABILITY TO YOU (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) SHALL NOT EXCEED THE GREATER OF: (i) FIFTY DOLLARS ($50.00) OR (ii) THE AMOUNT YOU PAID FOR THE APPLICABLE LICENSE FROM SYNCFREE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A NEW JERSEY RESIDENT, YOU WAIVE YOUR PROTECTIONS UNDER THE NEW JERSEY CIVIL CODE GENERAL RELEASE CLAUSE. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO THE NEW JERSEY CIVIL CODE GENERAL RELEASE CLAUSE, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
CHOICE OF LAW. This Agreement has been entered into in the state of New Jersey, and its validity, construction, interpretation and legal effect shall be governed solely by and under the laws of the state of New Jersey, applicable to contracts entered into and performed entirely within the state of New Jersey. You hereby consent to, shall be subject to, and shall submit to the jurisdiction of the Federal and state courts located in Bergen County, New Jersey which courts shall have sole and exclusive jurisdiction thereof.
COPYRIGHT INFRINGEMENT. If you have a good faith belief that any content on the Site violates your intellectual property rights, you can report such violation to Syncfree in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). To report an alleged infringement to Syncfree, you must send written notice to Syncfree’s designated copyright agent at the address set forth below with the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the exact URL);
- An address, a telephone number, and an e-mail address where we can contact you;
- A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
All notices of claimed infringement must be sent to Syncfree’s designated copyright agent at: firstname.lastname@example.org. Syncfree reserves the right to request additional information before removing any allegedly infringing material.
Contact Information. email@example.com