TERMS & POLICIES
Disclaimer and Liability
By accessing our content, you expressly agree to use syncandi.com at your own risk. Under no circumstances will syncandi.com be liable for direct, indirect or incidental damages or loss or injury resulting from the use of our site, including, but not limited to, the downloading of content, errors, interruptions, delays in operation or transmission, omissions, deletion of files or e-mail, defects, viruses, theft, destruction, or unauthorized access to syncandi.com’s records or services.
We encourage you to abide by the copyright laws of your country in regards to any content downloaded from syncandi.com.
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“Service” refers to the services that we provide through our Site, including our digital comics and our Site itself;
“Site” refers to our website, www.syncandi.com;
“STUDIO SYNCANDI” refers to our business entity, our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“User” refers to anyone who uses our Service, including general visitors to our Site;
- Information Collected
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
- Use of Your Information
We may use your information to:
- Enhance or improve User experience or our Service.
- Process transactions.
- Send e-mails about our Service or respond to inquiries.
- Send e-mails and updates about STUDIO SYNCANDI, including our e-mail newsletter.
- Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Service.
- Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Service and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
- Third Party Websites
STUDIO SYNCANDI or its Users may post links to third party websites on our Site. These third party websites are not screened for privacy or security issues by STUDIO SYNCANDI, and you release us from any liability for the conduct of these third party websites.
- Third Party Access to Your Information
Although you are entering into an Agreement with STUDIO SYNCANDI to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our Service.
Without limiting the generality of the foregoing, you authorize us to collect, share, store, and otherwise use your information in conjunction with:
- Google Analytics
- Release of Your Information for Legal Purposes
At times it may become necessary or desirable to STUDIO SYNCANDI, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
- Commercial and Non-Commercial Communications
- Security Measures
We take certain measures to enhance the security of our Service, including using SSL certificates. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our Service secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
- Your California Online Privacy Rights
- International Transfer
Last Modified: 26 July, 2016
STUDIO SYNCANDI TERMS OF SERVICE
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Site” refers to our website, www.syncandi.com;
“STUDIO SYNCANDI refers to our registered business entity; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with STUDIO SYNCANDI.
- What STUDIO SYNCANDI Offers
STUDIO SYNCANDI is a digital content publisher. We offer Users the ability to digitally download our content by purchasing them.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of any country having jurisdiction over this Agreement, STUDIO SYNCANDI, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the country or state in which you reside. You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
- Nature of Service
STUDIO SYNCANDI is provided on an as-is, where-is basis. You agree to hold STUDIO SYNCANDI harmless for any loss arising from your use of our Service.
- Rules of Use
You must not:
- Violate the laws of any political entity having jurisdiction over this Agreement, whether or not the political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of STUDIO SYNCANDI or its delegates.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the STUDIO SYNCANDI Site, Service, or its Users’ computers.
- Do anything else which could bring STUDIO SYNCANDI into disrepute or violate the rights of any person.
- Payment and Refunds
Payment can be made by means of PayPal. Refunds will be addressed by STUDIO SYNCANDI if you make a purchase through our Site and have a problem. Additional terms surrounding payment, pricing, subscription intervals, and refunds, shall be posted on our Site and are hereby incorporated into this Agreement by reference.
- Mobile Charges
Your mobile provider may charge you for the use of data or other services while using our Service. You agree that STUDIO SYNCANDI is not liable to you for such charges, and you are advised to review your contract with your mobile provider to ensure that you do not incur any unexpected charges as a consequence of using our Service.
- Limited License
Users shall not be entitled to any refund whatsoever if STUDIO SYNCANDI revokes it any license to them under this section as a consequence of their breach of this Agreement.
STUDIO SYNCANDI may offer discounts and may refuse to honor such discount offers for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Discounts for referrals or other financial benefits given in reward for referring Users to us may be considered a taxable benefit by any revenue agency having jurisdiction over you, and you should consult an accountant and/or tax attorney in your jurisdiction to determine your tax liabilities incurred as a result of participating in our referral program.
- Chargebacks, Credit Card Cancellations, and PayPal Disputes
Where a User conducts a chargeback or PayPal dispute against STUDIO SYNCANDI, such User shall be liable to STUDIO SYNCANDI for the full amount of the chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by STUDIO SYNCANDI in its enforcement of its rights under this section.
In the event that your credit card or other payment method is declined due to cancellation of the card, expiry, insufficient credit or funds, anti-fraud blocks, or any other reason, you agree that STUDIO SYNCANDI may immediately terminate the provision of our Service to you without notice.
- Our Copyright
Our content is important to us as it distinguishes us from third party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site including but not limited to comics, artwork, logos, characters, stories without receiving our prior written permission.
- Your Copyright
STUDIO SYNCANDI must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site , you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
- Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
- Copyright & Trademark Infringement
We take copyright infringement very seriously, if you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at firstname.lastname@example.org.
- Communications Decency Act
Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory.
- Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SERVICE WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on or in them. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
- Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.
- Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by net-ARB Inc. Small Claims Court for the Internet https://www.net-arb.com/
- Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, STUDIO SYNCANDI shall have the sole right to elect which provision remains in force.
STUDIO SYNCANDI reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- Termination & Cancellation
We may terminate your access to our Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
- Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
Last Modified: 26 July, 2016