Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THESE WEB SITES OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THESE WEB SITES OR THE SERVICES.

These terms and conditions of use (“Terms of Use”) apply to your access to, and use of, the Web Sites of Synchevents, LLC  ("Synchevents”), located at www.synchevents.com and www.mysynchevents.com and (the “Sites”) and to your usage of the Synchevents Services as defined below. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Synchevents, or its subsidiaries or affiliates or Synchevents clients for products, services or otherwise. If you are using the Sites or the Synchevents Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to accept responsibility and indemnify Synchevents for your use of the Sites and the Services and any violations of these Terms of Use. If you are registering on behalf of your minor child, you agree to accept responsibility for your child’s use of the Sites and the Services and his or her use of the Sites.

Synchevents reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Sites or the Services, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites. Your continued use of this Sites or the Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Sites or the Services. If you do not agree to the amended terms, you must stop using the Sites and the Services.

If you have any question regarding the use of the Sites or of the Services, please refer first to the FAQ or the Support sections. All other questions or comments about the Sites or its contents should be directed to support@Synchevents.com

A.  Privacy Policy

Synchevents believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how Synchevents collects, uses and discloses personally identifiable information from its users.

 

 

B.  DESCRIPTION OF SERVICES

Synchevents provides and hosts for its clients (“Clients”) customizable event download and synchronization technologies, together with event promotion and registration tools (collectively, the “Client Services”). Client Calendars and event listings may generally be accessed either through the Sites or through the Client’s Web Sites and other electronic mediums. Synchevents also makes available to end-users who access such Client Calendars and event listings (“End-Users”), online calendar, scheduling, reminder, event information and publishing, and email and text messaging services (the “End-User Services”). Together, the Client Services and the End-User Services shall be referred to as the “Services.” Clients are responsible for establishing and maintaining their own Client Calendar, event information and content for usage by any person or entity. Synchevents may impose limits on various functionality and features, as it may determine in its sole discretion.  Synchevents may choose, at its sole option and at any time upon notice to Client, not to have certain client events and/or content accessible through the Sites. In such event, the Client Calendar and event information shall only be accessible through the Client's Web Sites and will not be searchable through the Sites.

End Users may also subscribe to Client’s published events or event series, or request event reminders, request or download event information, forward event information to others or request any other action made available through the Client Services.  The End User’s email address and other personal information provided in connection with such services are made available to the Client, whose event information has been accessed by end user.  Synchevents shall not be responsible or liable for any third party access to Client’s event information or for your or any third party’s use of any event information.  Additional information regarding the Services may be found on the Sites, including in the FAQ and Support sections of the Sites. In the event of any conflict between the information contained on the Sites and in these Terms of Use, these Terms of Use shall govern.

C.  Registration and Subscriptions

CLIENTS:

The Client Services shall only be available to Clients upon registration for a free trial or upon execution and adherence to the terms of a Services Agreement with Synchevents.

END USERS:

Only one individual may access the Service at the same time using the same username and password. In order to register, you must be 18 years of age or older. If children between the ages of 13 and 18 wish to use the Sites, they must be registered by their parent or guardian. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form is complete and accurate. Synchevents reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion.

In consideration of your use of the Sites or the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Synchevents, to keep it accurate, current and complete; and (d) immediately notify Synchevents of any unauthorized use of your account or password or any other breach of security and accept all risks of unauthorized access to the Registration Data and any other information you provide to Synchevents.

D.  Changes to Services; Termination

Synchevents reserves the right at any time, without notice and in its sole discretion, to modify or discontinue the Services or to terminate or suspend your account and your license to use these Sites, without any liability to you or any other person. You must agree to be bound by any modifications in order to continue using the Services. If you do not agree to the modifications, you must discontinue your use of the Services.

E.  Software

Synchevents grants to Client, during the duration of Client’s agreement and subject to the terms and conditions of this Agreement, non-exclusive and non-transferable access to the web-based calendar software (hereinafter referred to as “Software”) through SynchEvent’s web portal (Synchevents.com).  Synchevents agrees to provide secure access to the software through Synchevents web portal for the purpose of allowing end users visiting the web-Sites of Client to access and utilize the web-based calendaring offered by Synchevents.

 

Client will have access to the Software through the Synchevents web portal only for the state of purpose of the software.  Client agrees that it will not modify change of alter any of the code or graphics of Synchevents web portal.  All access will be monitored by Synchevents and said access can be refused for any reasonable reason, with immediate notice given to Client by Synchevents.

Software is protected by copyright and other intellectual property laws and treaties. Synchevents or its suppliers own all right, title and interest in and to such software (including all intellectual property rights). You will not disassemble, decompile, or reverse engineer, such software.

 

F.  Copyright and Limited License to Sites

Unless otherwise indicated, the Sites, the Software and all content and other materials on the Sites, including, without limitation, the Synchevents logos, and all designs, text, graphics, pictures, images, information, data, software, messages, calendars and other files and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Synchevents or its licensors or users and are protected by U.S. and international copyright laws.

You are granted access and usage of the Services and to print to hard copy portions of the Materials for your informational, personal or internal business use only. Such access is subject to these Terms of Use and does not include: (a) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Sites or any of the Materials, except as may be expressly permitted under these Terms of Use; (b) modifying or otherwise making any derivative uses of the Sites and the Materials, or any portion thereof, except with the express permission of the owner thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Materials other than for its intended purpose. Any use of the Sites or the Materials other than as specifically authorized herein, without the prior written permission of Synchevents, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This access is revocable at any time.

G.  Trademarks

Synchevents, mySynchevents, the Synchevents logos and any other product or service name or slogan of Synchevents contained in the Sites or used in connection with the Services are trademarks of Synchevents, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Synchevents, except for use of the Synchevents name to accurately refer to Synchevents. You may not use any metatags or any other “hidden text” utilizing “Synchevents” or any other name, trademark or product or service name of Synchevents without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Synchevents and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

H.  Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites, provided such link does not portray Synchevents or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Sites does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Synchevents logo or other proprietary graphic of Synchevents to link to these Sites without the express written permission of Synchevents. Further, you may not use, frame or utilize framing techniques to enclose any Synchevents trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Synchevents’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Synchevents or any third party.

Synchevents makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web Sites accessible by hyperlink from the Sites, or Web Sites linking to the Sites. Such Sites are not under the control of Synchevents, and Synchevents is not responsible for the contents of any linked Sites or any link contained in a linked Sites, or any review, changes or updates to such Sites. Synchevents provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Synchevents of any Sites or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Sites to which you navigate from the Sites.

I.  Third Party Content

Client Calendars or websites utilizing Synchevents Client Services contain, and Synchevents may provide links to Web pages containing, content of third parties (“Third Party Content”). Synchevents does not monitor or have any control over any Third Party Content or third party Web Sites. Synchevents does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Synchevents does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. End Users use these links and Third Party Content contained therein at their own risk.

J.  Text Messaging Services

The End-User Services may include certain services that are available via your mobile phone, including text messaging, event reminders or event information as you request or distribute to others (the “Text Messaging Services”). Synchevents does not charge for these Text Messaging Services. However, your carrier's normal, messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By requesting Text Messaging Services, you agree that Synchevents may communicate with you via SMS, text message or other electronic means to your mobile device.

K.  Rules of Conduct for Services                                          and Interactive Areas

The Sites and the Services may contain interactive areas, such as calendars, reminder services and invitations (the “Interactive Areas”), that enable you or third parties to create, post, transmit or store calendar entries, emails, messages, text, images, photos, graphics, music, sound, data, information, or other materials, items or content on the Sites (the “User Content”). You are solely responsible for your use of such Services and Interactive Areas and the User Content and use them at your own risk. By using any Services and Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites or the Services any of the following:

• a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
• c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• d. User Content or activities that impersonates any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents your affiliation with a person or entity or the source of any email;
• e. Transmission of any email in violation of the CAN-SPAM Act or any other applicable anti-spam law, or the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship, or transmission of emails that are substantially unrelated to the calendar or event information stored as part of the Client Services;
• f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permission, and any third party private financial information such as Social Security numbers and credit card numbers;
• g. Viruses, worms, defects, hoaxes, Trojan horses, corrupted data or other harmful, disruptive, deceptive or destructive files; and
• h. User Content that, in the sole judgment of Synchevents, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Synchevents or its users to any harm or liability of any type.

Any use of the Service or Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services, the Interactive Areas and/or the Sites.

L.  Liability for User Content;                                                   Right to Remove User Content

Synchevents takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Synchevents liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Services and Areas is at your own risk. As a provider of Interactive Services and Areas, Synchevents is not liable for any statements, representations or User Content provided by its users in any public or private calendar, forum, or other Interactive Services or Area. Although Synchevents has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Services or Area, Synchevents reserves the right, and has absolute discretion, to screen and remove any calendar, calendar entry, event notice or other User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any calendars, calendar entries event notices, and other User Content you post or store on the Sites at your sole cost and expense.

M.  License to User Content

You retain all copyright in any User Content you post in connection with any Services or Interactive Areas. However, by posting such User Content, you grant Synchevents and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media as necessary to provide the Services. You also grant Synchevents and its affiliates and sublicensees the right to use any name that you submit in connection with such User Content on the services. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

N.  Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Services, provided by you in the form of email or other submissions to Synchevents are nonconfidential and shall become the sole property of Synchevents. Synchevents shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

O.  Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Synchevents has adopted a policy of terminating, in appropriate circumstances and at Synchevents sole discretion, subscribers or account holders who are deemed to be repeat infringers. Synchevents may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

P.  Copyright Complaints

Synchevents respects the intellectual property rights of others. If you believe that any material on the Sites infringes upon any copyright that you own or control, you may file a notification of such infringement with our Copyright Department as set forth below.

Synchevents, LLC
Copyright Department
Attention: Adam Small, Designated Agent
2323 21^st Ave. South Suite 308
Nashville, TN 37212

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

Q.  Indemnification

You agree to defend, indemnify and hold harmless Synchevents, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or the Sites or your use of or inability to use the Services, the Software or the Sites, including without limitation any actual or threatened suit, demand or claim made against Synchevents and/or its users, independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, your use of the Sites or your violation of the rights of any third party.

R.  Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SYNCHEVENTS, THE SERVICES, THE SITES, THE SOFTWARE, AND THE MATERIALS AND USER CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SYNCHEVENTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, THE SERVICES, THE SOFTWARE, THE MATERIALS AND THE USER CONTENT. SYNCHEVENTS DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SERVICES, THE SOFTWARE, THE USER CONTENT, OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE SYNCHEVENTS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES, THE SOFTWARE AND THE SERVICES SAFE, SYNCHEVENTS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SERVICES, THE SOFTWARE OR ITS SERVER(S) ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Synchevents reserves the right to change any and all Synchevents content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Synchevents.

S.  Limitation of Liability

IN NO EVENT SHALL SYNCHEVENTS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, THE SERVICES, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SYNCHEVENTS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SYNCHEVENTS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SYNCHEVENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SYNCHEVENTS FOR ACCESS TO OR USE OF THE SITES.

 

T.  Applicable Law and Venue

These Terms of Use and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Tennessee, applicable to agreements made and to be entirely performed within the State of Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Davidson County, Tennessee, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

U.  Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

V.  Questions & Contact Information

Questions or comments about the Sites may be directed to Synchevents by email us at support@Synchevents.com or by mailing us at:

Synchevents, LLC
Attn: Customer Service
2323 21^st Avenue South, Suite 308
Nashville, TN 37212

Last Revised: July 2008