ISYNX TERMS & CONDITIONS
1. Your Agreement
We provide our website www.isynx.com (the ‘Site’) to you subject to the following terms and conditions (“Terms”). Please read these Terms carefully as they outline your agreement with isynx LLC (“isynx” “we” or “us”) as a “Visitor” (which means that you simply browse the Site), a “Fan” (which means that you can not only browse the Site and also interact with it), as an “Artist” (as provided below) or as a “Customer” (as also provided below) (altogether “Users”).
If you are registered as an "Artist" with isynx and have already accepted the Artist Terms & Conditions. If you wish to register as an Artist, click here.
Whatever your use of the Site, by your continued use, you are deemed to agree to and accept these Terms.
If you do not agree to these Terms you should not continue to use this Site.
2. Privacy Policy
isynx is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
3. Use of the Site
As a Visitor or a Fan, you are specifically prohibited from:
(a) downloading, copying, distributing or re-transmitting any or all of the Site or any content on the Site, including all and any material uploaded or otherwise provided by Users (“Site Content”) without the written license or agreement of isynx;
(b) using any data mining, robots or similar data gathering or extraction methods on any part of the Site or the Site Content;
(c) altering, adapting, modifying or manipulating any part of the Site or the Site Content;
(d) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology;
(e) using the Site or the Site Content other than for its intended purpose including any commercial use including, but not limited to:
(i) sale of access to the Site or its related services on another website;
(ii) use of the Site or its related services, for the primary purpose of gaining advertising or subscription revenue;
(iii) the sale of advertising, on the Site or any third-party website, targeted to the Site Content; and
(i) and any use of the Site or its related services that isynx finds, in its sole discretion, to use isynx’s resources or Site Content with the effect of competing with or displacing the market for isynx or Site Content.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
4.Intellectual Property Rights
All Site Content and all other material included on the Site, such as but not limited to text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is either the property of isynx or its Artists, or its content suppliers and is protected by international laws of copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
5. Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws throughout the world, isynx has adopted a policy of terminating, in appropriate circumstances and at isynx's sole discretion, Users, be they Visitors, Fans, Artists or Customers, who infringe the intellectual property rights of isynx or any third party.
6. Intellectual Property Complaints
If you believe that any material on the Site infringes upon any copyright or any other intellectual property right that you own or control, you may file a notification of such infringement with us at complaints@isynx.com.
7. Trade Marks
No isynx logo, name, or mark, registered or unregistered may be used without prior written permission of isynx.
All other trade marks not owned by isynx that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by isynx.
8. Objectionable Material
Fans, Artists and Customers are expressly prohibited from providing material to be included on the Site that contains nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, inaccurate, inappropriate or otherwise objectionable subject matter. However, despite this prohibition, such material provided by Fans, Artists or Customers may contain such material, products or services, and isynx assumes no responsibility or liability for this material.
If you become aware of misuse of the Site by any person, please contact isynx at report@isynx.com.
9. Termination Policy
isynx reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or Site Content at any time, for any or no reason, with or without prior notice, and without liability.
In particular, isynx reserves the right to decide whether any use of the Site or Site Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
10. Disclaimers
Content
isynx is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with services provided by isynx (“isynx Services”), whether caused by Visitors, Fans, Artists or Customers or by any of the equipment or programming associated with or utilized in the isynx Services.
Links
Profiles, or any other material or information created and posted by isynx, or Fans or Artists on the Site may contain links to other websites. isynx is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by isynx. Inclusion of any linked website on the isynx Services or on the Site does not imply approval or endorsement of the linked website by isynx.
Third Party Sites
When you access these third-party sites, you do so at your own risk. isynx takes no responsibility for third party advertisements which are posted on this Site or through the isynx Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Conduct of Users
isynx is not responsible for the conduct, whether online or offline, of any User of the Site. isynx assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, and any User communication.
Technical Issues
isynx is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the isynx Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site Content.
Use of Site
Under no circumstances shall isynx be responsible for any loss or damage, including personal injury or death, resulting from use of the isynx Services, attendance at an isynx event, from any content posted on or through the Site, or from the conduct of any Users of the isynx Services and/or the Site, whether online or offline. The isynx Services and the Site is provided "AS-IS" and as available and isynx expressly disclaims any warranty of fitness for a particular purpose or non-infringement. isynx cannot guarantee and does not promise any specific results from use of the isynx Services.
Territory
The Website is controlled and offered by isynx from its facilities primarily in the United States.. isynx makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Limitation on Liability
IN NO EVENT SHALL ISYNX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ISYNX SERVICES AND/OR THE ISYNX SITE, EVEN IF ISYNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ISYNX'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ISYNX FOR THE ISYNX SERVICES DURING THE TERM OF MEMBERSHIP, IF ANY.
YOU SPECIFICALLY ACKNOWLEDGE THAT ISYNX SHALL NOT BE LIABLE FOR FAN, ARTIST OR CUSTOMER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. Disputes
If there is any dispute about or involving the isynx Services, you agree that the dispute shall be governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Delaware.
Either isynx or you may demand that any dispute between isynx and you about or involving the isynx Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent isynx from seeking injunctive relief in a court of competent jurisdiction.
13.Indemnity
You agree to indemnify and hold isynx, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the isynx Services and/or the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14. General
This Agreement is accepted and affirmed upon your use of the Site or any of the isynx Services. on these Terms.
This Agreement constitutes the entire agreement between you and isynx regarding the use of the isynx Services and the Site.
The failure of isynx to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. “isynx” name and logo is a trade mark of isynx.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by isynx without restriction.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
isynx reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes.
Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND ISYNX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
15. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.