Terms of Service
Please read these Terms of Service fully and carefully before using http://SynerTAG.com (the "Site") and the services, features, content or applications offered by SynerTAG. ("we," "us," or "SynerTAG") (collectively with the Site, the "Services"). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
Acceptance of Terms.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site and using the Services in any mannor, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by SynerTAG. Services may be subject to additional terms and conditions specified by SynerTAG from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
SynerTAG reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services or by e-mail. SynerTAG may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances, use the Services. SynerTAG may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
While some features of the Service are available to unregistered users, for broader access to the Services you must register with SynerTAG (creating an "Account"). In order to register, you must provide an accurate e-mail and complete all of the required firlds in our registration process. You are responsible for updating the accuracy of the e-mail address that you provide to SynerTAG to be associated with your Account.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
The Services allow you to either (i) view educational information about the mobile media marketplace (ii) create a user account which inturn allows you to create SynerTAGs (QR Codes).
Certain features of the Services allow SynerTAG to collect and track metrics, and generate analytics, relating to QR Codes created using the Services, and other metrics and analytics related to use of the Services ("SynerTAG Analytics"). SynerTAG Analytics include, but are not limited to:
For purposes of these Terms of Service, the term "Content" includes, without limitation, SynerTAGS, URLs, SynerTAG short URLs, QR Codes, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. User Content.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted (collectively "User Content"), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
The Services contain Content specifically provided by SynerTAG or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Such Content includes, but is not limited to, SynerTAG Analytics. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Service, SynerTAG grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from SynerTAG, or from the copyright holder identified in such Content's copyright notice.
Availability of Content.
SynerTAG does not guarantee that any Content will be made available on the Site or through the Services. Further, SynerTAG has no obligation to monitor the Site or the Services. However, SynerTAG reserves the right to (i) remove, edit or modify any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SynerTAG is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
Third Party Services.
The Services permit you to link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of SynerTAG, and you acknowledge that SynerTAG is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by SynerTAG or any association with its operators. You further acknowledge and agree that SynerTAG 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.
If you wish to terminate your Account, you may do so by following the instructions on the Site. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SynerTAG has no special relationship with or fiduciary duty to you. You acknowledge that SynerTAG has no control over, and no duty to take any action regarding:
You release SynerTAG from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. SynerTAG makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SynerTAG, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. SERVICES IS SOLELY AT YOUR OWN RISK. SynerTAG MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES.
SynerTAG will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on SynerTAG's equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
You shall defend, indemnify, and hold harmless SynerTAG, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. SynerTAG reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with SynerTAG in asserting any available defenses.
Limitation of Liability.
IN NO EVENT SHALL SynerTAG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE.
Governing Law and Jurisdiction.
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, including its conflicts of law rules, and Canada. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the Province of Ontario and Federal Courts of Canada.
Entire Agreement and Severability.
These Terms of Service are the entire agreement between you and SynerTAG with respect to the Services and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SynerTAG with respect to the Site. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
The failure of SynerTAG to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, SynerTAG must provide you with written notice of such waiver, provided by one of its authorized representatives. Headings.
You may contact SynerTAG: by mail at 347 Waverly St. North, Oshawa Ontario L1J 5W2; by e-mail at firstname.lastname@example.org; or on Twitter @synertag.
Effective Date: Feb 1, 2012.