Syncbubble Terms Of Service
PLEASE READ THIS DOCUMENT CAREFULLY. Syncbubble, (Eclectic Sync Ltd) ("Syncbubble," "we," or "us") offers an online audio and video sharing platform and community through its website located at www.syncbubble.com (the "Syncbubble site"). By registering as a member or by using the Syncbubble Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Syncbubble. If you do not wish to be bound by this Agreement, do not use the Syncbubble Service.
1. License to Use the Syncbubble Service
LICENSE: Syncbubble grants you a limited, non-exclusive license to access and use the Syncbubble Service. This includes the right to audition content available on the Syncbubble Service. This license is personal to you and may not be assigned or sub licensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Syncbubble in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Syncbubble Service. Nor will you take any measures to interfere with or damage the Syncbubble Service. All rights not expressly granted by Syncbubble are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the Syncbubble Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Syncbubble and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Syncbubble Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
4. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Syncbubble Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Syncbubble Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Please contact Syncbubble for account deletion.
TERMINATION FOR BREACH: Syncbubble may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Syncbubble determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Syncbubble's reputation and goodwill. If Syncbubble deletes your account for the foregoing reasons, you may not re-register for the Syncbubble Service. Syncbubble may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Syncbubble will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Syncbubble shall not be responsible for the loss of such content.
5. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:'
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting,work from home businesses, or any other dubious money-making ventures; or Violates any law.
I will upload only videos I created myself.
- You must own or hold all necessary rights (copyrights, etc.) to your video.
- "I have permission" does not mean you created it.
- Directors, Producers, Creatives, DPs, editors, musicians, graphic effects artists, and actors may upload works to which they have contributed significantly.
I understand that certain types of content are not permitted on Syncbubble.
- You may not upload sexually explicit material or pornography. Non-sexual nudity is allowed.
- You may not upload videos that incite hatred; include defamatory or discriminatory speech; or depict unlawful acts or extreme violence.
- You may post videos of yourself on TV, as long as you have permission to upload and the video depicts only your involvement in the program.
- You may not upload videos that are clips or compilations of scenes from TV programs or movies.
6. Code of Conduct
In using the Syncbubble Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others.
Syncbubble has the right, but not the obligation, to monitor all conduct on and content submitted to the Syncbubble Service.
7. Licenses Granted by You
LICENSE TO Syncbubble: As between you and Syncbubble, you own the video content ("videos") that you submit to the Syncbubble Service. By submitting a video, you grant Syncbubble and its affiliates subject to your video privacy choices; (iii) promoting the Syncbubble Service and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Syncbubble Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
8. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Syncbubble and grant the licenses set forth above; (ii) Syncbubble will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Syncbubble and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Syncbubble Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Syncbubble violates any law or infringes any third party right, including any intellectual property or privacy right.
10. Third Party Copyrights and Other Rights
Syncbubble respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy (below), which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at firstname.lastname@example.org.
Syncbubble respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Syncbubble Site do not infringe any third party copyright.
Syncbubble will promptly remove materials from the Syncbubble Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Syncbubble may, in appropriate circumstances, terminate the accounts of repeat copyright infringer's.
Syncbubble reserves the right to modify the Syncbubble Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Syncbubble Service.
Syncbubble provides the Syncbubble Service on an "as is" and "as available" basis. You therefore use the Syncbubble Service at your own risk. Syncbubble expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Syncbubble makes no representations or warranties:
- That the Syncbubble Service will be permitted in your jurisdiction;
- That the Syncbubble Service will be uninterrupted or error-free;
- That any content you submit will be made available on the Syncbubble Service or will be stored by Syncbubble or;
- That the Syncbubble Service will meet your business or professional needs;
- That Syncbubble will continue to support any particular feature of the Syncbubble Service.
- Concerning sites and resources outside of the Syncbubble Service, even if linked to from the Syncbubble Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Syncbubble Service, and no warranties shall apply after such period.
12. Limitation of Liability
To the fullest extent permitted by law: (i) Syncbubble shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Syncbubble's total liability to you shall not exceed the amounts paid by you to Syncbubble over the twelve (12) months preceding your claim(s).
13. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of England and Wales without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Syncbubble Service must be commenced in the courts located in London, England (and you consent to the jurisdiction of those courts). In any such action, Syncbubble and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Syncbubble in exercising any right hereunder will waive any further exercise of that right. Syncbubble's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Syncbubble's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Syncbubble electronically. Syncbubble may provide all such communications by email or by posting them on the Syncbubble Service. For support-related inquiries, you may send an email to info@syncbubble. You may send notices of a legal nature to Syncbubble at info@syncbubble or the following address:
55 Greek St
Nothing herein shall limit Synbubble's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Syncbubble on the Syncbubble Site or a written amendment signed by an authorized representative of Syncbubble. A revised Terms of Service will be effective as of the date it is posted on the Syncbubble Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Syncbubble and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.