Certain Defined Terms
following defined terms appear in this Terms of Service.
or "user": A person that applies to, or registers to use, or uses,
the Service of SyncForce.
"Account" or "user account": An account, containing personal data,
gives a person access to the Service.
"Service": The SyncForce service, described in this Terms of
or "us": SyncForce and/or Heristo
and understand that you are responsible for maintaining the
confidentiality of passwords associated with your account you use to
access the Services. Accordingly, you agree that you will be solely
responsible for all activity occurring under your User accounts and
shall abide by all applicable national or foreign laws, treaties and
regulations in connection with your use of the Service, including those
related to data privacy, international communications and the
transmission of technical or personal data. You shall:
SyncForce and Heristo immediately of any unauthorized use of any password or
account or any other known or suspected breach of security;
to SyncForce and Heristo immediately and use reasonable efforts to stop
immediately any copying or distribution of Content that is known or
suspected by you;
impersonate another SyncForce user or provide false identity
information to gain access to or use the Service.
services may be subject to limitations, delays, and other problems
inherent in the use of the Internet and electronic communications.
SyncForce is not responsible for any delays, delivery failures, or other
damage resulting from such problems.
in the Services
understand that all information (such as data files, written text,
computer software, music, audio files or other sounds, photographs,
videos or other images) which you may have access to as part of, or
through your use of, the Services are the sole responsibility of the
person from which such content originated. All such information is
referred to below as the 'Content'.
should be aware that Content presented to you as part of the
Services is protected by intellectual property rights which are
owned by SyncForce and/or Heristo and/or its Licensors.
- You are allowed to use all downloadable Content in such way that it supports the brand under wich it is presented. Should Heristo decide that this is not in case, then Heristo reserves its right to retrospectively forbid the use of the downloaded Content in that specific way and to revoke the Service to you as mentioned in this document.
acknowledge and agree that SyncForce owns all legal right, title and
interest in and to the Services, including any intellectual property
rights which subsist in the Services (whether those rights happen to
be registered or not, and wherever in the world those rights may
exist). You further acknowledge that the Services may contain
information which is designated confidential by SyncForce and that
you shall not disclose such information without SyncForce's prior
agree that you shall not remove, obscure, or alter any proprietary
rights notices (including but not limited to copyright and trade
mark notices) which may be affixed to or contained within the
SyncForce gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the Services
provided to you by SyncForce as part of the Services as provided to
you by SyncForce (referred to as the 'Software' below). This license
is for the sole purpose of enabling you to use and enjoy the benefit
of the Services as provided by SyncForce, in the manner permitted by
may not (and you may not permit anyone else to) copy, modify, create
a derivative work of, reverse engineer, decompile or otherwise
attempt to extract the source code of the Software or any part
retain copyright and any other rights you already hold in Content
which you submit, post or display on or through the Services. By
submitting, posting or displaying the content you give SyncForce a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
licence to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you
submit, post or display on or through, the Services.
agree that this license includes a right for SyncForce to make such
Content available to other companies, organisations or individuals
with whom SyncForce has relationships for the provision of
syndicated services, and to use such Content in connection with the
provision of those services.
understand that SyncForce, in performing the required technical
steps to provide the Services to our users, may (a) transmit or
distribute your Content over various public networks and in various
media; and (b) make such changes to your Content as are necessary to
conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media. You agree that this
licence shall permit SyncForce to take these actions.
confirm and warrant to SyncForce that you have all the rights, power
and authority necessary to grant the above licence.
Limitation of Liability
Nothing in these Terms shall exclude or limit SyncForce's liability
for losses which may not be lawfully excluded or limited by
Subject to overall provision in paragraph above, SyncForce, its
Subsidiaries and Affiliates or Heristo, and its licensors shall not be liable
to you for:
any indirect or consequential losses which
may be incurred by you. This shall include any loss of profit (whether
incurred directly or indirectly), any loss of goodwill or business
reputation, or any loss of data suffered by you;
any loss or damage which may be incurred by
you as a result of:
any changes which SyncForce may make to
the Services, or for any permanent or
temporary cessation in the provision of
the Services (or any features within the
the deletion of,
corruption of, or failure to store, any Content and other communications
data maintained or transmitted by or through your use of the Services;
your failure to provide
SyncForce with accurate account information;
your failure to keep your
password or account details secure and confidential;
Disclaimer of Warranties
SyncForce, Heristo and its licensors make no representation, warranty, or guaranty as to
the reliability, timeliness, quality, suitability, truth, availability,
accuracy or completeness of the service or any content. SyncForce, Heristo and
its licensors do not represent or warrant that:
use of the service will be secure, timely, uninterrupted or
error-free or operate in combination with any other hardware,
software, system or data, or
service will meet your requirements or expectations, or
stored data will be accurate or reliable, or
Quality of any products, services, information, or other material
purchased or obtained by you through the Service will meet you
or defects will be corrected, or
service or the server(s) that make the service available are free of
viruses or other harmful components.
and all content is provided to you on an "as is" basis. All conditions,
representations and warranties, whether express, implied, statutory or
otherwise, including, without, any implied warranty of merchantability,
fitness for a particular purpose, or non-infringement of third party
rights, are hereby disclaimed to the maximum extent permitted by
applicable law by SyncForce, Heristo and its licensors.