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Privacy Policy


Effective Date: March 1, 2024

Introduction

Welcome to the Synergy Direct Media (“Synergy”) network of websites (together, “Sites”). These Website Terms and Conditions (“Terms of Use”) apply to your access to and use of the Sites, regardless of domain name or IP address, and the features and applications accessible through the Sites (collectively, the “Services”). These Terms of Use are in addition to the terms and conditions of any other agreement you may have with Synergy for products, services, or otherwise, including, without limitation, the terms and conditions of Synergy’s Privacy Policy, as it may be amended from time to time.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH SYNERGY, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES. BY YOUR ACCESS OR USE OF THE SITES OR SERVICES, YOU UNCONDITIONALLY AND IRREVOCABLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES.

Modifications to Terms of Use

Synergy may change, modify, or remove any provision of these Terms of Use, at any time and in its sole discretion. If Synergy changes or modifies these Terms of Use, it will post the changes on the then-current version of these Terms of Use and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of the Terms of Use as so changed or modified. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.

Privacy Policy

Please refer to the Synergy Privacy Policy for information on how Synergy collects, uses, and discloses the information collected on the Sites.

Copyright and Limited License

Except as provided in these Terms of Use or as otherwise indicated on the Sites, the Sites, the Services, and all content and other materials on the Sites, including without limitation, all designs, text, graphics, creative, images, information, data, software, routines, documentation, technology, and digital files, as well as the selection and arrangement thereof (collectively, the “Site Materials”) are the intellectual and proprietary property of Synergy or its licensors or users and are protected by U.S. and international copyright, trademark, trade secret, and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites and the Services for your informational, non-commercial, and personal use only. Such license is subject to these Terms of Use and any other applicable terms and conditions. Except as explicitly permitted under these Terms of Use or agreed to by Synergy, no portion or element of the Sites or Site Materials may be copied or retransmitted via any means and the Sites, the Site Materials, and all related rights shall remain the exclusive property of Synergy or its licensors. You may not remove any copyright, trademark, or other proprietary notices from any Site Materials.

Notwithstanding the foregoing, user-published content on the Sites, if any, remains the intellectual property of the individual user. By posting content on our Sites, you grant Synergy a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called “moral rights” in those materials have been waived. You are responsible for, and represent and warrant to Synergy that you have obtained any releases, clearances, licenses, assignments, and permissions (including those relating to privacy and rights of publicity) necessary for Synergy to post the content and exercise its rights under this paragraph.

Any use or attempted use of the Sites, the Site Materials, or the Services other than as specifically authorized herein, without the express prior written permission of Synergy or its licensors or users, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time, in Synergy’s sole discretion.

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Sites, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party sites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Sites. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., the proper party for notice) to whom you should address infringement notices under the DMCA can be requested by contacting info@synergydirectmedia.com.

Trademarks

All logos and any other product or service name or slogan contained on the Sites are trademarks of Synergy or its customers, clients, advertisers, suppliers, or licensors, and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Synergy or the applicable trademark holder. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of Synergy and may not be copied, imitated, or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, service provider, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Synergy.

Hyperlinks

Synergy makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Synergy, and Synergy is not responsible for the contents of any linked site or any link contained in a linked site, for any review of such sites, or for changes or updates to such sites. Synergy provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Synergy of any site or any information contained therein. When you leave the Sites, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Sites will be subject to that site’s terms of use, if any, and its privacy and data gathering and usage policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering and usage practices, of any site to which you navigate from the Sites.

Third-Party Content and Applications

In addition to the Site Materials, our Sites may include third-party content and may provide links to websites and content of third parties (collectively the “Third-Party Content”) as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni, experts, or members of the public. The views expressed in such Third-Party Content are those of the creators thereof and are not, and should not be construed as, the views of Synergy. In addition, the Sites may include certain applications, features, programs, and services provided by third parties (the “Third-Party Applications”). Synergy does not monitor Third-Party Content or Third-Party Applications and makes no guarantee as to the accuracy or completeness of such Third-Party Content or Third-Party Applications. Synergy is not responsible or liable in any manner for any Third-Party Content or Third-Party Applications, or for any loss, liability, harm, or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third-Party Content or Third-Party Applications, which at all times and in each instance is provided “as is.” Third-party applications may be subject to additional terms and conditions or agreements between you and the provider(s) of the Third-Party Applications, and you agree to fully comply with all such additional terms, conditions, and agreements. Your use of Third-Party Content and Third-Party Applications is at your own risk.

Acceptable Use Policy

You agree not to:

  1. Use the Sites or the Services for any illegal purpose, or in violation of any local, state, national, or international law;
  2. Violate or encourage others to violate the rights of third parties, including by infringing or misappropriating third-party intellectual property rights;
  3. Interfere with the operation of the Sites or the Services or any user’s enjoyment of the Sites or the Services, including by:
    • uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
    • making unsolicited offers or advertisements to other users of the Sites or the Services;
    • attempting to collect, personal information about users or third parties without their consent;
    • interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Sites or the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  4. Perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Sites or Services account without permission, or falsifying your age or date of birth;
  5. Sell or otherwise transfer the access granted herein.

Disclaimers

THE SITES, THE SITE MATERIALS, THE SERVICES, AND THE THIRD-PARTY CONTENT AND THIRD-PARTY APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SYNERGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SYNERGY DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, THE SERVICES, OR THE THIRD-PARTY CONTENT OR THIRD-PARTY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SYNERGY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL SYNERGY, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SITE MATERIALS, THE SERVICES, OR THE THIRD-PARTY CONTENT OR THIRD-PARTY APPLICATIONS, EVEN IF SYNERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Synergy, its directors, members, employees, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use, or misuse of the Sites, the Site Materials, the Services, or the Third-Party Content or Third-Party Applications.

Termination

Synergy reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites or the Services and to block or prevent your future access to and use of the Sites or the Services.

Miscellaneous

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within the State of Washington, to resolve any dispute arising out of these Terms of Use or the Sites or Services.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Waiver

The failure of Synergy to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Synergy in writing.

Entire Agreement

These Terms of Use, together with any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Synergy with respect to the Sites and Services and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Synergy with respect to the Sites and Services.

Contact Information

If you have any questions regarding these Terms of Use or the Sites or Services, please contact Synergy at:

Synergy Direct Media
650 Castro St Suite 120
Mountain View, CA 94041
Email: info@synergydirectmedia.com