These terms of use (“Terms of Use”) relate to our services, which are made available to you through a variety of platforms, including, but not limited to, the website located at [www.syn-rg-ai.com] (the “Website”) The Website referred to as the “Platform”.
We may, but are not obligated to, update these Terms of Use from time to time, with or without providing you notice of any material changes. By browsing the public areas of the Platform or accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then you are not permitted to use the Platform.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
We provide Visitors and Registered Users with access to the Platform as described below.
1.1 Visitors. “Visitors” are people who do not register with us, but want to explore the Platform. No login is required for Visitors. Visitors can: (i) view and access all publicly-available features and functionality on the Platform; (ii) subscribe to communications; and/or (iii) email us.
1.2 Registered Users. “Registered Users” are people who register with us. Registered Users can do all the things that Visitors can do, as well as access and use password-protected areas of the Platform (collectively, “Registered User Content”). Registered Users will be able to book performances from artists who are also considered Registered Users of the platform (and can also be called herein “Registered Artists”). When we use the term ‘Registered Users’ it includes both artists and users who book their performances.
We are under no obligation to accept any individual as a Registered User and may accept or reject any registration in our sole and complete discretion. In addition, we may, but are not required to, deactivate any account at any time, including, without limitation, if we determine that a Registered User has violated this Agreement.
By accessing and/or using the Platform (either as Registered User or Registered Artists), you agree to comply with the following community guidelines (the “Community Guidelines”):
We have the right, but not the obligation, to review and reject or remove content that, in our sole discretion, does not adhere to these Community Guidelines. We also reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or to any portion of the Platform, for any reason with or without notice.
If you wish to become a Registered User/www.syn-rg-ai.com, you will be prompted to create an account, which will require a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User/Artist. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. We will not be liable for any loss or damage caused by any unauthorized use of your account.
www.syn-rg-ai.com will charge fees for the usage of the Platform which will be composed of the price of the performance and service fees.
The Platform may contain material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under law. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our Licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our Licensors.
As noted above, Registered Users/ www.syn-rg-ai.com are able to post and upload Registered User/ www.syn-rg-ai.com Content. You expressly acknowledge and agree that once you post or upload your Registered User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. By uploading any Registered User Content to the Platform, you warrant and covenant that such content shall comply with all applicable laws, rules, and regulations.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
You retain all copyrights and other intellectual property rights in and to your Registered User/Artist Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, irrevocable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User/Artist Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User/Artist Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Platform, us and our products and services. If you submit Registered User/Artist Content to us, each such submission constitutes a representation and warranty to us that such Registered User/Artist Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to us license to the Registered User/Artist Content as set forth above, and that the Registered User/Artist Content and its use by us and our sub-licensees as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, contact forms, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM WILL OPERATE ERROR-FREE, THAT THE PLATFORM, THE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, THE PLATFORM AND/OR ANY OF ITS FOUNDERS, CREATORS, EMPLOYEES AND PARTNERS, SHALL NOT BE LIABLE FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, OR (II) THE DIRECT DAMAGES IN EXCESS OF THE AMOUNT EQUAL TO THE FEES THAT WE HAVE COLLECTED FROM YOU (IF ANY) IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.
WITHOUT LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT THE PLATFORM AND/OR ANY OF ITS FOUNDERS, CREATORS, EMPLOYEES AND PARTNERS HAVE NO CONTROL OVER THE ACTIONS OF THE REGISTERED USERS AND/OR ARTISTS, AND THAT THE PLATFORM AND/OR ANY OF ITS FOUNDERS, CREATORS, EMPLOYEES AND PARTNERS DISCLAIM ALL LIABILITY ARISING OUT OF OR ASSOCIATED WITH INTERACTIONS BETWEEN REGISTERED USERS AND REGISTERED ARTISTS, WHETHER OR NOT SUCH INTERACTIONS ARE INITIATED USING THE PLATFORM.
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our founders, creators, officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your misuse of the Content or the Platform or any of your acts or omissions in connection therewith. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
The Platform is based in Israel. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Israel. If you access or use the Platform from outside of Israel, you do so at your own risk. Whether inside or outside of Israel, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Notwithstanding any language in this Terms of Use to the contrary, Registered Users and/or Registered Artists shall not be considered an agent, employee or co-joint venturer of the Platform and/or of its founders, creators, employees and partners for any purpose, or entitled to any of the benefits provided to employees whether or not required by law (e.g. insurance and health benefits). Furthermore, Registered Users and/or Registered Artists shall be responsible for all taxes and reports relative to fees generated in the Platform. Registered Users and/or Registered Artists will indemnify and hold us harmless from any failure to file necessary reports or pay such taxes.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
In the event of a dispute arising under or relating to this Agreement (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Israel. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement and any action related thereto will be governed by the laws of Israel without regard to its conflict of laws provisions. Except for proceedings commenced by AppStage to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by courts located in Israel. The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright [2020] www.syn-rg-ai.com. All rights reserved.
These terms of use (“Terms of Use”) relate to our services, which are made available to you through a variety of platforms, including, but not limited to, the website located at [www.syn-rg-ai.com] (the “Website”) The Website referred to as the “Platform”.
We may, but are not obligated to, update these Terms of Use from time to time, with or without providing you notice of any material changes. By browsing the public areas of the Platform or accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then you are not permitted to use the Platform.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
We provide Visitors and Registered Users with access to the Platform as described below.
1.1 Visitors. “Visitors” are people who do not register with us, but want to explore the Platform. No login is required for Visitors. Visitors can: (i) view and access all publicly-available features and functionality on the Platform; (ii) subscribe to communications; and/or (iii) email us.
1.2 Registered Users. “Registered Users” are people who register with us. Registered Users can do all the things that Visitors can do, as well as access and use password-protected areas of the Platform (collectively, “Registered User Content”). Registered Users will be able to book performances from artists who are also considered Registered Users of the platform (and can also be called herein “Registered Artists”). When we use the term ‘Registered Users’ it includes both artists and users who book their performances.
We are under no obligation to accept any individual as a Registered User and may accept or reject any registration in our sole and complete discretion. In addition, we may, but are not required to, deactivate any account at any time, including, without limitation, if we determine that a Registered User has violated this Agreement.
By accessing and/or using the Platform (either as Registered User or Registered Artists), you agree to comply with the following community guidelines (the “Community Guidelines”):
We have the right, but not the obligation, to review and reject or remove content that, in our sole discretion, does not adhere to these Community Guidelines. We also reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or to any portion of the Platform, for any reason with or without notice.
If you wish to become a Registered User/www.syn-rg-ai.com, you will be prompted to create an account, which will require a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User/Artist. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. We will not be liable for any loss or damage caused by any unauthorized use of your account.
www.syn-rg-ai.com will charge fees for the usage of the Platform which will be composed of the price of the performance and service fees.
The Platform may contain material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under law. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our Licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our Licensors.
As noted above, Registered Users/ www.syn-rg-ai.com are able to post and upload Registered User/ www.syn-rg-ai.com Content. You expressly acknowledge and agree that once you post or upload your Registered User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. By uploading any Registered User Content to the Platform, you warrant and covenant that such content shall comply with all applicable laws, rules, and regulations.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
You retain all copyrights and other intellectual property rights in and to your Registered User/Artist Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, irrevocable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User/Artist Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User/Artist Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Platform, us and our products and services. If you submit Registered User/Artist Content to us, each such submission constitutes a representation and warranty to us that such Registered User/Artist Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to us license to the Registered User/Artist Content as set forth above, and that the Registered User/Artist Content and its use by us and our sub-licensees as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, contact forms, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM WILL OPERATE ERROR-FREE, THAT THE PLATFORM, THE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, THE PLATFORM AND/OR ANY OF ITS FOUNDERS, CREATORS, EMPLOYEES AND PARTNERS, SHALL NOT BE LIABLE FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, OR (II) THE DIRECT DAMAGES IN EXCESS OF THE AMOUNT EQUAL TO THE FEES THAT WE HAVE COLLECTED FROM YOU (IF ANY) IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.
WITHOUT LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT THE PLATFORM AND/OR ANY OF ITS FOUNDERS, CREATORS, EMPLOYEES AND PARTNERS HAVE NO CONTROL OVER THE ACTIONS OF THE REGISTERED USERS AND/OR ARTISTS, AND THAT THE PLATFORM AND/OR ANY OF ITS FOUNDERS, CREATORS, EMPLOYEES AND PARTNERS DISCLAIM ALL LIABILITY ARISING OUT OF OR ASSOCIATED WITH INTERACTIONS BETWEEN REGISTERED USERS AND REGISTERED ARTISTS, WHETHER OR NOT SUCH INTERACTIONS ARE INITIATED USING THE PLATFORM.
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our founders, creators, officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your misuse of the Content or the Platform or any of your acts or omissions in connection therewith. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
The Platform is based in Israel. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Israel. If you access or use the Platform from outside of Israel, you do so at your own risk. Whether inside or outside of Israel, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Notwithstanding any language in this Terms of Use to the contrary, Registered Users and/or Registered Artists shall not be considered an agent, employee or co-joint venturer of the Platform and/or of its founders, creators, employees and partners for any purpose, or entitled to any of the benefits provided to employees whether or not required by law (e.g. insurance and health benefits). Furthermore, Registered Users and/or Registered Artists shall be responsible for all taxes and reports relative to fees generated in the Platform. Registered Users and/or Registered Artists will indemnify and hold us harmless from any failure to file necessary reports or pay such taxes.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
In the event of a dispute arising under or relating to this Agreement (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Israel. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement and any action related thereto will be governed by the laws of Israel without regard to its conflict of laws provisions. Except for proceedings commenced by AppStage to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by courts located in Israel. The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright [2020] www.syn-rg-ai.com. All rights reserved.